Senzo Meyiwa trial: Advocate comes out guns blazing

ADVOCATE Charles Mnisi came out guns blazing as the Senzo Meyiwa murder trial resumed in the North Gauteng High Court in Tshwane on Monday, 19 May.

Mnisi, who has been at the centre of the numerous postponements in the case, launched a scathing interrogation of the state’s final witness and the lead investigator in the matter, Brigadier Bongani Gininda.

Representing accused number one, Muzi Sibiya, and accused number three, Mthobisi Mncube, he challenged the credibility of the police’s procedures and raised serious concerns about the absence of tracking devices in key police vehicles used during the suspects’ arrest.

Mnisi began by demanding the automatic vehicle location (AVL) records of the law enforcement vehicles, questioning why some, including a red VW Golf driven by Sergeant Mogola, were not fitted with tracking systems.

Mogola is said to have used the vehicle during the arrest of accused number one and number two.

“I am flabbergasted that my colleague is saying there were no fitted tracking devices. It will be shocking if these vehicles weren’t equipped, as this is key to Brigadier Gininda’s cross-examination. We will be prejudiced,” Mnisi said.

State Prosecutor Advocate George Baloyi confirmed the vehicle’s lack of tracking, prompting Mnisi’s sharp response.

Mnisi’s cross-examination focused heavily on Gininda’s previous testimony regarding the alleged confessions of the accused.

He questioned the witness on his repeated references to “best practice” in relation to how confessions and pointing-out procedures should be conducted.

“Is this what you described as best practice, and is it limited to taking confessions and pointing out?” asked Mnisi.

Baloyi interjected and stated: “The witness has answered that he did say he can only comment on confessions and pointing out.”

Mnisi responded: “I am asking him whether this best practice applies to confessions or pointing out or whether it transcends beyond?”

Gininda explained that he had stated it was preferable for someone not involved in the investigation to take confessions, in line with established best practices.

“It will depend on a particular case. I can’t answer generally,” he said.

The issue is likely to be central to Mnisi’s line of questioning, particularly as he seeks to challenge the legitimacy of the arrests and associated procedures.

Monday’s proceedings began late due to the late arrival of the accused and an emergency that kept Advocate Zandile Mshololo, who represents accused number five, Sfisokuhle Ntuli, from attending.

Advocate Zithulele Nxumalo for accused number four, Mthokoziseni Maphisa, briefly stood in for her at the start of the session.