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

The defence and prosecution in the Senzo Meyiwa murder trial clashed over cellphone data that links the five men accused of the former Orlando Pirates goalkeeper’s murder to the crime.

The state is seeking to recall retired police officer and cellphone data analyst, Colonel Lambertus Steyn, to the witness stand to clarify discrepancies in the evidence.

This relates to calls between accused five, Fisokuhle Ntuli, and Kelly Khumalo in the lead up to Meyiwa’s murder.

In the cross-examination of Vodacom forensic liaison supervisor Pinky Vythilingam, the defence accused the state of fabricating a case against Khumalo and Ntuli, and indicated their plans to file criminal charges.

‘Very serious allegations’

During Monday’s proceedings at the Gauteng High Court in Pretoria, prosecutor George Baloyi presented his application for recalling Steyn to testify.

Baloyi informed the court that the defence’s allegations were “very serious” and warranted an investigation to determine if there was any impropriety on Steyn’s part.

“We submit that it is incumbent on the state to put those allegations to Colonel Steyn and he be given the opportunity to comment on those allegations.

“This is the reason why this application is being brought in order for Colonel Steyn to come and clarify the nature of these two calls that accused number five is said to have made to Ms Kelly Khumalo,” he said.

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The prosecutor argued that clarification was needed to determine the type of calls that were made.

“My Lord, we mentioned that the role of Colonel Steyn as an analyst might have been misconceived.”

He stressed that the state ought to be allowed to recall Steyn.

“It is essential that Colonel Steyn be recalled in order to clarify these aspects so that the truth can be determined and thereby, enabling the court to arrive at a just decision on the case. We submit that there might be failure of justice if such an explanation is not considered.”

Watch the Senzo Meyiwa trial below:

Baloyi said it pains the state that there was a suggestion that it put improper evidence before the court.

“It is for this reason, my Lord, that we want to put the matter beyond doubt.

“If the explanation is in favour of the accused by all means, but the state would like the correct interpretation of his evidence to be put on record.

READ MORE: Senzo Meyiwa trial: Defence suggests state has ‘deliberately omitted crucial evidence’

“The explanation by Colonel Steyn might foreclose the request of accused number three or instruction to his counsel the charges or a complaint be laid against the compiler of the information and that we submit will save the scarce state resources.

“The factual metrics of this case will assist in determining the existence of any motive should this become necessary for the commission of the crimes in question.”

He added that it would be in the interest of justice to recall the witness.

‘Damage control’

Opposing the state’s application, Charles Mnisi, the legal representative of accused three Mthobisi Mncube, argued that the state should have picked the alleged discrepancies up during preparations for the Meyiwa trial.

“What is the probable explanation of this discrepancy? Had the state done that, we would have not embarked on this exercise,” he said on Monday.

Mnisi claimed that recalling Steyn was merely an attempt by the state to manage the damage.

“It is very late for the state to come now and say we want to recall Mr Steyn to come and address certain issues, which came out while Ms Vythilingam was cross-examined.

“Basically, all the state is doing now is damage control, which is not the legal requirement for a recalling of a witness my Lord,” the advocate continued.

READ MORE: Senzo Meyiwa trial: Defence asks why Kelly Khumalo wasn’t arrested

“It is a procedure unheard of. It is a procedure which turns our criminal justice system is a mockery.”

Additionally, Advocate Zandile Mshololo, counsel for Ntuli, argued that the constitutional rights of the accused to a fair trial will be violated by the granting of the application.

Mshololo questioned why the clarity was not sought during Steyn’s time on the witness stand.

“There is no need of recalling Colonel Steyn to come and repeat what has been placed by Ms Vythilingam,” she said.

It is alleged that Kelly received two phone calls from Ntuli prior to Meyiwa’s murder. The first call was made on 2 August 2014, followed by another on 15 October 2014.