Johannesburg - The legal defence team of the five men on trial over the murder of Senzo Meyiwa has been given close to a month to peruse over 700 photographs of images downloaded from one of the accused’s confiscated cellphones and consult with their ballistics expert.
The lengthy adjournment came after proceedings had to be postponed on Wednesday during the cross-examination of Constable Sizwe Skhumbuzo Zungu by advocate Charles Mnisi, the defence for Mthobisi Prince Mncube, the third accused.
Mnisi halted his cross-examination of Zungu, stating that he could not continue until he was provided with all photographs downloaded from Mncube’s phone upon his arrest in 2015 on another matter.
According to the defence counsels, although numerous photographs were taken by the police, they told the court that only a few were brought before them.
The court rolled the matter over to afford the State the opportunity to supply all the photographs and the counsel time to consult with their clients.
As proceedings resumed yesterday, State advocate George Baloyi informed the court that all 738 pictures were provided to the defence. However, due to the magnitude of the evidence, the defence counsels requested a further postponement to go through all of them and consult further.
In agreeing to the request, Baloyi told the court that it was also unlikely they would finish with the cross-examination of Zungu at this stage.
In granting the long adjournment to next month, Judge Ratha Mokgoatlheng said the dictates of a fair trial in terms of Section 35 of the Constitution obliged the court to agree to a postponement based on the fact that all defence counsels indicated they required time to consult with their clients in connection with the downloaded photographs.
Mokgoatlheng said he was aware that a total of 784 pictures had been downloaded, but the State only utilised 46 photographs.
“On that premise, I cannot be facetious about the defence request, except I want to quote the Supreme Court of Appeal judgment regarding the treatment of witnesses. It says cross-examination is not a test for stamina. So I invoke the ratio in that decision with regards to Mr Zungu that unfortunately he will have to return again.”
With the court going into recess until October 2, Mokgoatlheng said consequently that the matter would be postponed until such time, which will also allow the defence to consult with the ballistics expert concerning ballistics evidence.
This is, because he stressed that delays in consulting an expert had already resulted in the evidence of a Colonel Mangena being adjourned for cross-examination, which they had to return to.
“So once we commence the defence, we must also be ready to commence with the cross-examination of Mangena. People must not come here and say they still want to postpone because we want to consult the expert. The expert would have had close to a month of defence,” he added.
Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa, and Sifisokuhle Nkani Ntuli are facing charges of premeditated murder, attempted murder, robbery with aggravated circumstances, possession of firearms without a licence, and possession of ammunition for the October 2014 murder of Meyiwa while at the Vosloorus home of his then-girlfriend Kelly Khumalo.
All the men have pleaded not guilty to all the charges.
The matter will return to the High Court in Pretoria on October 2.
The Star