Defence lawyer Adv Timothy Thobane has indirectly identified his own client as the accused the state believes walked with the gun into the house where Senzo Meyiwa was murdered.
The state’s third witness Tumelo Madlala was cross examined at the murder trial sitting at the North Gauteng High Court yesterday.
On the night that Meyiwa was murdered allegedly by two men who entered the home of Meyiwa's girlfriend Kelly Khumalo in Vosloorus, Ekurhuleni, one intruder was allegedly armed, while the second one wasn't.
Thobane is representing accused one to four.
“You mentioned that the second guy who entered the house was fighting with Senzo. Was he carrying a gun?’’ Madlala said he did not know.
“The person that you saw carrying a firearm, what hand was he using to carry the firearm?’’ asked Thobane. Madlala responded that the intruder had been using his right arm.
“I put it to you that accused number three [Mthobisi Prince Mncube] does not use his right hand.
“I [also] put it to you that on the day of the incident, accused number three [Mncube] never had dreadlocks,’’ said Thobane.
“Those are lies,’’ Madlala responded.
This was one of the significant moments in the drama-filled day during the trial yesterday. At no point had the witness identified Mncube as the gunman.
Earlier, Madlala had pointed out accused number two [Bongani Sandiso Ntanzi] from the dock as one of the intruders who entered the Khumalos' home on October 26 2014.
Madlala said he could only identify Ntanzi and no one else as one of the intruders.
He testified that when he described the identity of the intruder for the police identity kit, he said the man had short dreadlocks, small chin, big eyes and was wearing a hat with black and white colours.
This sketch was used by police in 2014 to hunt for the suspect, resulting in the initial wrongful arrest of Zamokuhle Mbatha, who is currently suing the police. Muzikawukhulelwa Sibiya, Ntanzi, Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli were later nabbed for the crime.
Before proceedings started, police were called in after Adv Malesela Teffo allegedly forced his way into the judge's chambers to speak with Judge Tshifhiwa Maumela.
Prosecutor Adv George Baloyi told Maumela that Teffo said he wanted to see the judge regarding the controversial second docket in the case, which identifies the people who were in the house as suspects.
Thobane said he consulted with his clients and the Meyiwas and said neither of them gave Teffo permission to be present in court on Thursday.
Teffo was seen going to the direction of the judge’s chambers but was not seen coming back into the courtroom.
Meanwhile, Thobane said a defence witness will testify that Meyiwa was unhappy in his relationship with Khumalo and this led to him having a sexual relationship with her sister Zandi.
Thobane said a witness will testify that Khumalo asked Zandi to ''guard’’ Meyiwa while she was busy with her music career.
“The witness will testify that Senzo was complaining about this [being guarded] and he ended up having a sexual relationship with Zandi because Kelly was away for a long time,’’ said Thobane.
In response, Madlala said: ''I know nothing about that. I will not agree or deny that because Senzo loved women.’’
The trial continues today with cross-examination.
kokam@sowetan.co.za
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