Evidence that showed the movements of a police car that was transporting Bongani Sandiso Ntanzi, one of the Senzo Meyiwa murder accused, has been allowed in court.
The North Gauteng High Court in Pretoria spent most of Monday listening to arguments from the State and defence on whether the Automatic Vehicle Location (AVL) report should be allowed during cross-examination.
The report was submitted by the State after accused number two, Ntanzi, alleged that police made several stops and severely assaulted him to make him confess to Meyiwa’s murder.
Ntanzi’s advocate, Thulani Mngomezulu said it would be an injustice to lead with the evidence because the State brought the evidence after the witness had already been led to evidence.
Mngomezulu also argued that Sergeant Vusumuzi Mogane, the officer who was transporting Ntanzi, was not an expert on car tracking data, and his evidence won’t be credible in interpreting the AVL report.
“Sergeant Mogane is not a neutral person in giving assistance on the evidence of his AVL recordings. He is the team investigating this matter, and his conclusions will always be biased,” said Mngomezulu.
Mngomezulu was also against the idea of bringing an expert, saying it would only delay the trial-within-a-trial.
However, State advocate George Baloyi argued that there’s no need for an expert to be called because the report is obvious; it will just confirm the routes taken.
He said Mogane was capable enough to interpret the report.
“We argue that Sergeant Mogane can authenticate this information as he was the driver of the vehicle in question ... We submit that he can therefore validate the information provided in the AVL report as reliable,” said Baloyi.
He said no prejudice will be suffered by Ntanzi if it is allowed in court because it only confirms the routes that were used when police were transporting him.
“If the AVL records can assist the court in the determination of these issues that are currently under question, it is in the interest of justice that this evidence be allowed at this point in time,” Baloyi added.
Judge Ratha Mokgoatlheng ruled that any relevant evidence that will assist the court in making an informed decision must be heard.
Mokgoatlheng said the evidence doesn’t prejudice the defence and is in line with Ntanzi’s testimony.
After the ruling, Baloyi was allowed to use the AVL report and lead Mogane into evidence regarding his movements when transporting Ntanzi.
The matter continues on Tuesday, with Mogane on the stand and testifying about the report.
IOL