Senzo Meyiwa trial: Defence’s bid to have medical report rejected as evidence fails

The defence have failed in their bid to have a medical report of one of the suspects in the Senzo Meyiwa murder trial rejected as evidence.

The Gauteng High Court in Pretoria on Thursday rejected the defence’s application to challenge the admissibility of the medical report into the trial.

This is despite the defence initially presenting the report in court.

The contents of the report, which related to accused two Bongani Ntanzi, were read out in court on Wednesday during Sergeant Vusumuzi Mogane’s re-examination.

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Ntanzi’s lawyer, Advocate Thulani Mngomezulu had handed up the report as an alibi that his client had gone to the dentist on 22 June 2020.

This was the day Ntanzi, who was arrested on 16 June, appeared at the Tlhabane Magistrate’s Court, but this has been disputed by the defence.

According to the report, the accused showed no oral injuries.

Mogane testified that the reason the police took Ntanzi to the dentist was to determine if he ever had a gold tooth as it was previously heard in court that one of the alleged intruders on the day Meyiwa was shot and killed had one.

‘Report demonstrates alibi’

On Thursday, Mngomezulu told the court that he submitted the report to point out the date on the document rather than its contents.

“The contents of the document was not alluded to by the defence during cross-examination. We only dealt with the date. The defence intended to demonstrate the alibi,” the advocate said.

The defence lawyer argued the report could not be accepted as evidence on the basis that it was merely a copy and not an original copy.

He also stated the defence and the state had agreed to call the dentist to testify in court about the report.

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In response, state prosecutor George Baloyi pointed out that the defence handed up the document themselves.

“Now that it appears because it is to their disadvantage, the defence wants certain parts to be disregarded. It doesn’t work that way. Once a document has been handed up by agreement, it binds the party,” Baloyi said.

Judge Ratha Mokgoatlheng dismissed the defence’s application.

“The application, Mr Mngomezulu, is not acceded to, it is dismissed, but having said that, you and your colleague, you can call any witness you want, but the application to exclude this evidence, which was formally tendered in this court, is refused because it is not in the interest of justice.

“A right to a fair trial is ambidextrous. It’s only for the accused, it is also for the state and the public, which is represented by the state,” Mokgoatlheng ruled.

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Meanwhile, Baloyi further informed the court that the state intends to lead evidence on an automatic vehicle location (AVL) report that shows the movement of the Toyota Fortuner that was driven by Mogane.

“It was said that you took a detour and entered a filling station where the accused was assaulted. So, if there was a detour, would the AVL show that?” Baloyi asked Mogane during his re-examination.

“Yes, it would,” Mogane replied.

The defence, which has challenged the submission of the document, previously claimed that Ntanzi had been taken to several locations where he was tortured and assaulted on different days prior to confessing about his alleged involvement in Meyiwa’s murder.

Arguments from the state and defence about the AVL report will be heard on Friday.

Ntanzi identified as intruder

Ntanzi is one of five men on trial for Meyiwa’s murder.

The suspect has already been pointed out by at least two witnesses as one of the armed intruders who entered the Khumalo household in Vosloorus on 26 October 2014.

All five men have pleaded not guilty to the former Orlando Pirates goalkeeper’s killing.

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