The state is awaiting a two-minute video clip from a broadcaster.
There was an exchange in court on Friday as the defence in the Senzo Meyiwa murder trial challenged the state’s attempt to introduce new evidence.
Proceedings resumed in the Pretoria High Court, following the conclusion of cross-examination of lead investigator Brigadier Bongani Gininda.
State seeks to introduce new evidence in Senzo Meyiwa murder trial
During proceedings, state prosecutor George Baloyi sought to re-examine Gininda regarding additional photographs retrieved from the cellphones of accused number two, Bongani Ntanzi, and accused number three, Mthobisi Mncube.
“The role purpose of such re-examination is to put a full and fair picture before the court to enable the court to adjudicate on the issues that are in dispute namely the identity of the perpetrators who invaded the Khumalo home on the 26th of October 2014 and killed the deceased.
“It is, therefore, our submission that the evidence is relevant,” he said.
Baloyi explained that the defence opposed this move on the grounds that it constituted new evidence not previously addressed.
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However, he argued that it was the defence that raised the issue of the accused’s identity during Gininda’s cross-examination, which justified revisiting the matter.
“Even if the re-examination of Brigadier Gininda on these additional photos can be regarded as new matters that do not arise out of cross examination, we submit the new evidence can still be canvassed with the leave of the court and may allow further cross examination on the new evidence.”
He also pointed out that legislation governing hearsay evidence permits its provisional admission, provided the individuals who obtained the data are recalled to testify.
The court previously heard that Mncube, also had photos of guns, ammunition, an axe and a panga on his phone.
One image with a firearm was saved under the name “my killing machine”.
Furthermore, Baloyi revealed that the state is awaiting a two-minute video clip from broadcaster eNCA.
The footage relates to a claim previously made by late defence lawyer Thulani Mngomezulu during Gininda’s testimony that Meyiwa was shot by Longwe Twala, the son of renowned music producer Sello “Chicco” Twala.
Mngomezulu had also alleged that Longwe accidentally shot himself in the foot during the incident.
“There is footage available that we want to show the court.
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“We have started this process since December 2024 to obtain the footage but there is a certain procedure that is involved.”
Baloyi explained that a Section 205 application, authorised by the National Director of Public Prosecutions (NDPP), Shamila Batohi, was granted to gain access to the footage.
“A section 205 subpoena was issued for the footage but there has been toing and froing with the legal representative from eNCA, but two days ago they undertook to furnish the state with the footage.”
Defence pushes back as Senzo Meyiwa murder trial postponed
The defence insisted that the state was introducing new evidence.
Advocate Charles Mnisi, representing Mncube and accused number one, Muzikawukhulelwa Sibiya, argued that the state must make a formal application to reopen its case.
“As much as we realise that there is nothing stopping the state from adducing that evidence, but that evidence cannot be introduced through re-examination.
“Procedurally, the state needs to finalise its re-examination, make an application to lead this new evidence which needs to be contexualised in its case.”
Other defence lawyers echoed similar sentiments.
Advocate Zandile Mshololo, representing accused number five, Fisokuhle Ntuli, warned that bypassing proper procedure could compromise the accused’s right to a fair trial.
She added that Sergeant Moses Mabasa and Warrant Officer Thando Ndlovu – both of whom previously testified on data downloaded from the accused’s phones – would need to be recalled.
“The new evidence cannot be introduced through this witness [Gininda],” Mshololo told the court.
Judge Ratha Mokgoatlheng ultimately ruled in favour of the defence.
The trial is set to resume on Monday.
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