Defence awaiting legal aid decision on funding of expert to rebut Meyiwa murder weapon evidence

15 April 2024 - 15:37
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Muzi Sibiya, Fisokuhle Ntuli, Mthokoziseni Maphisa Sibiya and Mthobisi Mncube, accused of killing former Bafana Bafana goal keeper Senzo Meyiwa, in the Pretoria high court. File photo.
Muzi Sibiya, Fisokuhle Ntuli, Mthokoziseni Maphisa Sibiya and Mthobisi Mncube, accused of killing former Bafana Bafana goal keeper Senzo Meyiwa, in the Pretoria high court. File photo.
Image: VELI NHLAPO

Another delay has struck defence efforts to rebut ballistic expert evidence for the state linking a gun to soccer star Senzo Meyiwa's murder.

As the murder trial resumed in the Pretoria high court on Monday, defence lawyers were expected to begin cross-examining ballistic expert Lt-Col Christian Mangena, who has already testified on the alleged murder weapon.

Mangena's evidence linked the gun to Mthobisi Prince Mncube.

Mncube, Muzikawukhulelwa Sibiya‚ Bongani Sandiso Ntanzi‚ Mthokoziseni Ziphozonke Maphisa and Fisokuhle Nkani Ntuli are accused of murdering Meyiwa, who was gunned down in Vosloorus in October 2014. 

All have pleaded not guilty.

Last August, Mangena's cross-examination was halted for the defence to consult its ballistics expert to counter his evidence.

However, nearly eight months later, the court heard on Monday that his cross-examination could not begin yet because the defence is still waiting to hear from the legal aid board whether it will finance the unpaid amount for the services of the expert they consulted.

According to the defence some of the money has been paid but there was an outstanding balance. 

Judge Ratha Mokgoatlheng said given that the clients were using legal aid, the defence should have foreseen that they would struggle to meet the costs of a legal expert and sought legal aid assistance on time.

Advocate Charles Mnisi, representing Mncube, said the families of the accused tried to contribute funds but could not afford to do so.

Mokgoatlheng has asked the state to call the head of legal aid board to come to court on Tuesday to clarify whether it will finance the outstanding amount of the expert.

Mangena, who was also involved in reconstructing the shooting of Reeva Steenkamp by Paralympian Oscar Pistorius and that of whistle-blower Babita Deokaran confirmed to the court that the gun found on Mncube when he was arrested in a separate matter in 2015 — a year after Senzo Meyiwa's killing — is the same one that killed Meyiwa.

Mangena testified he was able to determine this after examining the projectile found on the kitchen counter at the crime scene and test bullets fired from the gun found in Mncube's possession.

He testified the bullet that struck Meyiwa “perforated his body and hit the door behind him”.

Mangena said the shooter was probably in front of Meyiwa and the firearm in contact with his chest. He said he could not rule out the possibility of an altercation or struggle between Meyiwa and the shooter.

Meanwhile, the court continued with the evidence of Sgt Vusumuzi Mogane who testified in November last year in the trial within a trial.

Mogane testified Ntanzi and Ntuli were found in possession of a cellphone in a police cell.

However, Ntanzi's attorney Sipho Ramosepele refuted the evidence, stating his client would have informed his family who were unaware of his arrest if he had a phone inside the cell.

TimesLIVE


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