Defence counsel Charles Mnisi insists that accused number three, Carlos Mncube, was not involved in the murder of former Bafana Bafana captain Senzo Meyiwa.
Mnisi cross-examined one of the investigating officers, Sergeant Batho Mogola, in the High Court in Pretoria on Wednesday.
Mncube is one of the five suspects accused of the 2014 murder of the footballer. Meyiwa was shot and killed while at his then-girlfriend Kelly Khumalo’s home in Vosloorus on Gauteng’s East Rand.
Mnisi challenges how the investigations were conducted. While the state alleges Mncube was one of the intruders at the Khumalo home, they described him as a gun-wielding man with dreadlocks and wearing a hat.
However, Mnisi tells Mogola that the DNA results from the hat left at the crime scene excluded Mncube.
Mnisi: That hat was taken for DNA testing. Swabs were taken from him, and the results excluded him.
Mogola: The results from the hat said they were mixed DNA.
Mnisi: That’s not what the report said. The DNA could not be matched.
Mnisi says Mncube is not the killer. However, Mogola insists they have the right suspects in court.
Mnisi: He never went into the Khumalo’s, he was never one of two assailants or intruders who went into the Khumalo’s who had a revolver as mentioned by Kelly, Longwe amongst others.
Mogola: My Lord, I still say that investigations have revealed that he was involved in the murder of the deceased.
Mnisi questions Sergeant Mogola on why the alleged mastermind behind Meyiwa’s murder is not in court. Mogola mentions Meyiwa’s former girlfriend Kelly Khumalo as the one who allegedly ordered the contract killing.
Mnisi: Why is that mastermind or those masterminds not before the court yet?
Mogola: I do not know my Lord. What I do know is that the warrant has not been issued, I have no idea.
Mnisi: As an investigator in this case, you don’t know how the mastermind and these accused are linked?
Mogola: I do not know my Lord.
Mnisi: Who is she or he?
Mogola: My Lord, I only know the name Nonhlanhla Kelly Khumalo.
Meanwhile, the court heard that two unknown men went to the residence of another defence lawyer, Thulani Mngomezulu, who represents accused number one, with the intention to harm Mngomezulu.
Judge Ratha Mokgoatlheng says Mngomezulu is also entitled to police protection to ensure his safety.
Here is the Wednesday’s court proceedings:
