Pretoria – The trial of the five men accused of killing Senzo Meyiwa had to adjourn early on Friday, after the State’s first witness, Sergeant Thabo Mosia, complained of being tired.
Mosia, a forensic investigator attached to the Springs Criminal Record and Crime Scene management division, was among the first officers that attended the scene where Meyiwa was shot on October 26, 2014.
Meyiwa was gunned down at the home of his girlfriend and singer Kelly Khumalo in Vosloorus, Ekurhuleni.
On Friday, Mosia was cross-examined by advocate Zandile Mshololo for accused number five.
"Mr Mosia, are you okay?“ asked Msholo
"I am tired,“ said Mosia.
Mshololo suggested to the judge that they should take an adjournment.
State prosecutor, advocate George Baloyi told the court that medication Mosia was taking was affecting him.
“We believe given the circumstances we can't proceed. Let us adjourn until Monday."
Under fierce cross examination from Mshololo, Mosia also earlier told the court that he did not test any of the witnesses who were in the house for gun shot residues.
He conceded he should have done so.
He also told the court that he relied on a senior police officer, Major General Philani Ndlovu, who was at the crime scene ahead of him.
Ndlovu has since died.
Mosia said he relied on Ndlovu to give him instructions at the crime scene and he had not interviewed the witnesses.
Earlier, advocate Malesela Teffo drew the court's attention to alleged confessions that were made by the first and second accused, which he claimed had been obtained from the accused only after they had been severely assaulted.
Teffo told the court that his discomfort came as a result of him recently learning that the accused’s constitutional rights had been grossly violated.
According to Teffo, they had already appeared on October 27, 2020, in the Boksburg Magistrate’s Court for the same incident, where they even refused to enter the dock as they alleged they did not know why they were there, nor were they informed of their rights.
Teffo said it was crucial for the court to deal with the admissibility of the confessions before proceeding with the main trial.
Judge Tshifhiwa Maumela rejected Teffo’s attempts to have a trial within a trial, saying the issues were not brought up properly as per court procedure.
Teffo informed the court he would be bringing a formal application on Monday.
Facing the murder charge are Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli.
The five are also charged with attempted murder, robbery with aggravating circumstances, possession of firearms without a licence and possession of ammunition.
The trial continues on Monday.
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