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

The defence in the Senzo Meyiwa murder trial has suggested that the state is withholding critical evidence that could assist their case.

The trial resumed on Monday at the Gauteng High Court in Pretoria after a four-week recess.

Pinky Vythilingam, Vodacom’s forensic liaison supervisor, returned to the witness stand to continue presenting evidence from the cellphones of the accused.

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The retrieved data is being used to trace calls and movements between the accused on the day of Meyiwa’s murder in 2014.

Vythilingam’s testimony has corroborated the evidence given by a previous state witness, showing that the mobile device linked to accused three, Mthobisi Mncube, was picked up by a cellphone tower in Vosloorus.

Crucial evidence omitted

During cross-examination, Muzikawukhulelwa Sibiya’s legal representative, Thulani Mngomezulu, highlighted that a Section 205 application from the police had requested the cellphone data of all the people who were in the Vosloorus on the day Meyiwa was killed.

However, Vythilingam only testified about the data related to Meyiwa, his then partner Kelly Khumalo and Sello “Chicco” Twala’s son, Longwe.

“Your evidence is limited to three people in house,” the lawyer said to the witness, which she did not dispute.

Mngomezulu put it to Vythilingam that the defence contends Tumelo Madlala called Meyiwa’s brother-in-law immediately after the slain Orlando Pirates goalkeeper was shot.

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“The defence will give that evidence that there was a communication between Mr Madlala, who was in the house, and Edward Hlophe, the brother-in-law of Senzo Meyiwa; and my concern is that how can I prove in terms of 205 that there was such a communicate if this was not provided by the state or was not provided in court?” he said.

However, Vythilingam stated that she was unable to answer the question, directing it to the state instead.

The defence attorney also highlighted that it was revealed in court that Khumalo called Chicco at Botshelong Hospital in Vosloorus after Meyiwa was shot, but this evidence was not presented by the state.

“What is important is there is information that is deliberately omitted by state because that evidence is crucial. We need to know which number did Kelly Khumalo use to call Sello Twala,” Mngomezulu continued.

Watch the trial below:

Five men on trial for Meyiwa’s murder

Meyiwa was shot and killed while visiting Khumalo at her mother’s residence in Vosloorus, Gauteng, on 26 October 2014.

Khumalo ordered the hit on her former Orlando Pirates goalkeeper, according to Muzikawukhulelwa Sibiya and Bongani Ntanzi’s confession statements.

Sibiya, Mncube, Bongani Ntanzi, Mthokoziseni Maphisa, and Fisokuhle Ntuli are on trial for Meyiwa’s murder.  

They face charges of murder, attempted murder, robbery with aggravating circumstances, possession of an unlicenced firearm, and possession of ammunition.

All five men have pleaded not guilty.

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