‘Gun photos could have been from Google’: Defence lawyer in Senzo Meyiwa trial

Lawyer for one of the accused in the murder trial of former Bafana Bafana captain Senzo Meyiwa defended his client, arguing having photographs of guns and ammunition on his phone is not a criminal offence.

The trial resumed in the Pretoria High Court on Wednesday with the continuation of state witness Sergeant Moses Mabasa’s cross-examination.

Mabasa, who is also an analyst within the South African Police Service (Saps), on Tuesday testified on the information extracted from the cellphone of accused number three, Mthobisi Mncube.

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The court heard how Mncube’s phone had pictures of guns (one of which was saved under the name “my killing machine“), ammunition, an axe and a panga.

The court also heard there were several pictures of a man with dreadlocks, who is said to be Mncube.

Previous state witnesses in the trial testified that one of the intruders alleged to be behind Meyiwa’s killing had dreadlocks.

‘Not offence’

Continuing with his cross-examination of Mabasa on Wednesday, Mncube’s lawyer, advocate Charles Mnisi, insisted on focusing on the dreadlocks, despite admitting earlier this week the man depicted in the pictures with dreadlocks was indeed his client in the dock.

Mnisi had previously argued he was questioning the credibility of the witness’ evidence.

Watch: What you need to know about the Senzo Meyiwa murder trial so far

“Without getting you into an identification parade of some sort, I am putting it to you that is not accused three,” Mnisi said.

“That is for the investigating team to say,” Mabasa responded.

Mnisi showed Mabasa the hairstyles of the people depicted in picture 12 and 18, saying they were not the same, to which the sergeant agreed.

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Mnisi: “I put it to you, the gentleman you referring too in a white t-shirt with dreadlocks is not accused number three.”

Mabasa: “Okay, I hear you.”

Mnisi: “My instruction is that I should put it to you without dillydallying that the gentleman who is depicted in the picture on page 18 and 19 is Maskandi artist, Mgqumeni, and unfortunately he is no more. In photo 44, the gentleman in the picture wearing a white t-shirt, is Khulekani Buthelezi, who also passed on in 2019.”

Mabasa: “The investigating officer will take it further.”

Mnisi: “You said you have got 20 years experience in the police force so against that backdrop, would you say it is an offence for a person to have pictures of that nature in his phone?”

Mabasa: “No, it is not.”

Watch the court proceedings below:

Judge Ratha Mokgoatlheng later interjected over Mnisi’s cross-examination. But the advocate defended his line of questioning.

“What I am saying, my Lord, is that whether or not in the cellphone that was confiscated from the accused had certain photos of [guns] is not offence because I can go on Google and download a photo of an AK47 and store it in my phone,” Mnisi said.

The officer then concluded his evidence after attorney Sipho Ramosepele, Advocate Zithulele Nxumalo and Advocate Zandile Mshololo elected not to cross-examine the witness.

Next witness

The state called its sixth witness, Mthokozisi Thwala, who was one of the six people in the house of his then-girlfriend and singer Kelly Khumalo’s mother in Vosloorus when Meyiwa was shot on 26 October 2014.

Mncube, Fisokuhle Ntuli, Bongani Ntanzi, Mthokoziseni Maphisa and Muzikawukhulelwa Sibiya are on trial for the footballer’s murder.

The suspects face charges of murder, attempted murder, robbery with aggravating circumstances, possession of an unlicenced firearm, and possession of ammunition.

They have pleaded not guilty.

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