Senzo Meyiwa trial: Defence lawyers poke holes in witness’s evidence

Senzo Meyiwa’s long-time friend, Mthokozisi Thwala was grilled by the defence as he took the witness stand during his cross-examination in the North Gauteng High Court in Pretoria on Friday.

Thwala, who is the state’s sixth witness, was one of six people in the Vosloorus home belonging to Kelly Khumalo’s mother when the Orlando Pirates goalkeeper was shot during an alleged botched robbery on 26 October 2014.

Kelly’s younger sister, Zandile, their mother Ntombi Gladness Khumalo, Longwe Twala, and another of Meyiwa’s friends Tumelo Madlala, were present in the house.

On Thursday, the witness was questioned about the contradictions in his testimony and statements by the defence lawyers.

Advocate Sipho Ramosepele, counsel for accused number one Muzikawukhulelwa Sibiya and accused number two Bongani Sandiso Ntanzi, raised questions about Thwala’s description of the first intruder, while Advocate Charles Mnisi, lawyer for accused number three Mthobisi Mncube, analysed the witness’ version of events when Meyiwa was shot.

Two gunshots

Continuing with the cross-examination on Friday, Advocate Zithulele Nxumalo, for accused four Mthokoziseni Maphisa, also highlighted the contradictions in Thwala’s statement, where he claimed he only heard one gunshot during the incident.

Nxumalo: “It is nowhere in your statement. Do you say you heard the second shot when you were outside?”

Thwala: “As I have said already, the first [shot] went off when I was inside and I might have heard the second one when I was outside. When a statement is taken, you only remember certain things and others you might be able to remember at a later stage.”

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Nxumalo then turned to Zandile’s evidence, in which she stated that one shot went off when she was in the kitchen, while two other shots went off when she was in the bathroom.

“She further went on to testify that when she was in the bathroom, she opened the door and saw the deceased [crawling] from the kitchen towards the sitting room.

“In the contrary, your evidence is to the effect that after you heard the first gunshot you ran out of the door, but before you ran out you met the deceased next to the stove [in the kitchen] taking the direction to the sitting room,” the advocate said.

But Thwala refused to be drawn into commenting about Zandile’s statement.

“Only ask me about my statements,” he responded.

Questions swirl over ID and sim swap

Advocate Zandile Mshololo, for accused five Fisokuhle Ntuli, later cross-examined Thwala, quizzing the witness about a part in his statement that the second suspect had a knife, but that he could not describe the weapon.

“I put it to you that the reason you cannot describe the knife is because there was no second suspect who entered the house,” Mshololo said.

Thwala, however, insisted that there was a second suspect.

Mshololo asked Thwala about what happened to Meyiwa’s phone and ID following the robbery.

“Who was in possession of the deceased’s cellphone?” the advocate asked.

“I don’t remember. I really don’t know,” replied Thwala.

Mshololo: “You testified that Kelly refused to give you his ID. Did she tell you the reason why?”

READ MORE: ‘Not even 10111’: Police weren’t called when Senzo Meyiwa was shot, court hears

Thwala: “The reason she gave me was that she will wait for Senzo’s father and brother to arrive in Mulbarton. At first she refused when Senzo’s father arrived, but because police were also there she eventually gave them the ID.”

Mshololo: “There’s evidence that a sim swap was done on the deceased’s cellphone. Do you know anything about that? [It was heard in court] that the person who would be able to do the sim swap would have to be in possession of the deceased’s ID. I am asking you as his friend if you have any knowledge about that?”

Thwala: “I am hearing it for the first time. It is shocking to me that it happened when he was no more.”

Mshololo: “But it is your evidence that the ID was with Kelly Khumalo until Tuesday after the [shooting] incident.”

Thwala: “Yes, it is true because I saw the ID on Monday and I was even there when she gave it over to his family on Tuesday.”

Watch the proceedings below:

Police expert, Colonel Lambertus Steyn, previously testified that a sim swap was done on the soccer star’s cellphone number a day after he was killed.

Steyn also revealed that Kelly received two calls from Ntuli.

The first call was made on 2 August 2014, followed by another on 15 October 2014, just a week before Meyiwa’s death.

‘No lobola negotiations’

Meanwhile, Thwala told the court on Friday that it would be difficult for him to answer Mshololo’s question on the nature of Meyiwa and Kelly’s relationship as he was not often in the pair’s company due to his relationship with the footballer’s wife, Mandisa Mkhize.

The witness also dismissed the suggestion that Mdlala was present on the day of Meyiwa’s shooting because of lobola negotiations.

“There is no way that Senzo would have gone on to negotiate lobola without having asked Mandisa for consent to take a second wife. I would have known about it,” Thwala said.

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