Senzo Meyiwa trial: Judge rules state can recall witness to clarify evidence on Kelly Khumalo calls

The Gauteng High Court in Pretoria has ruled in favour of the state to recall a witness back to the stand in the murder trial of former Bafana Bafana goalkeeper, Senzo Meyiwa.

On Monday, Judge Ratha Mokgoatlheng delivered his judgment on the state’s application seeking to recall cellphone data analyst, Colonel Lambertus Steyn, to return to court to testify.

The defence had raised concern about inconsistencies between Steyn and Vodacom forensic liaison supervisor Pinky Vythilingam’s evidence, accusing the state of fabricating a case.

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The “discrepancies” related to the calls between accused five, Fisokuhle Ntuli, and Kelly Khumalo in the lead-up to Meyiwa’s murder on 26 October 2014.

It is alleged that Khumalo received two phone calls from Ntuli before Meyiwa’s murder.

The first call was made on 2 August 2014, followed by another on 15 October 2014, according to Steyn’s evidence.

However, Vythilingam testified that Khumalo received the calls from two other people, not Ntuli.

‘The court is baffled’

Reading his judgment, Mokgoatlheng noted the statements made by one of the defence counsel on their intention to lay criminal charges because the “discrepancies” in the cellphone data allegedly constituted fraud.

“Consequently, the state is of the view that these are very serious allegations, which must be investigated.

“The allegations ought to be put to Colonel Steyn and that he must be given the opportunity to comment because Pinky Vythilingam is being vilified for an action or conduct, which she never participated in.

“I have said that amounts to reputational damage because she is an expert witness. She gives evidence throughout the courts in South Africa,” he said.

READ MORE: Meyiwa trial: State wants witness back to prevent ‘failure of justice’, defence says it’s ‘damage control’

The judge stated that he agreed with the prosecution that Steyn needed to return to the witness stand to account.

“This court is also baffled, I can tell you that, by the evidence given by Colonel Steyn because this is what he says under cross-examination by Ms [Zandile] Mshololo on the question as to how did he establish that the various numbers that he mentioned in his affidavit are associated with accused five.”

He stressed that Steyn never explained how he went about making the linkages.

“So all the state wants is for Colonel Steyn must come and clarify the issue of the two calls, not to give new evidence and not to correct his evidence.”

Watch the trial below:

Witness could be charged

Mokgoatlheng highlighted that the court may, at any stage of criminal proceedings, recall and re-examine a person concerned, according to Sections 167 and 186 of the Criminal Procedure Act.

The judge further pointed out that the right to a fair trial included the right to an explanation with regard to the clarification of evidence.

“This right is encapsulated in the Constitution.”

READ MORE: Senzo Meyiwa trial: State accused of fabricating data to frame Kelly Khumalo

He, therefore, ruled that Steyn must be recalled.

“It is settled law that if it is within the reasons of logic there is an argument between the state and the defence regarding whether evidence has to be corrected or clarified, or evidence in the administration of justice can never ever happen, they say the judge should err on the side of the application.

“I have already conceded that I don’t understand what Steyn was saying there. He never explained to this court,” Mokgoatlheng continued.

The judge added that there would be no prejudice.

“When he comes here, perjures himself, this court can even charge him with perjury,” he concluded.