Senzo Meyiwa trial: ‘Crime scene could have been contaminated’

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Major concessions were made again on Wednesday by the state’s first witness, police forensic officer Sergeant Thabo Mosia, who contradicted his statements, acknowledged that he did not take “crucial” pieces of evidence when he arrived at the scene of Senzo Meyiwa’s killing and that the area could have been contaminated. 

Mosia, who had six years of experience at the time of Meyiwa’s murder in October 2014, testified, under cross-examination, that he did not take the evidence because he made a decision to call the provincial crime scene management task team, whose members were senior to him.

Mosia also admitted that, because there were people in the house touching evidence, and he does not have any proof that civilians in the house Meyiwa was killed in did not fiddle with exhibits, the crime scene could have been contaminated. 

During the trial at the Pretoria high court, Mosia also admitted that he did not take a DNA sample of the kitchen door handle, which the state contends was the entry point for the alleged intruders who killed Meyiwa. 

The footballer was fatally shot at the Vosloorus, Gauteng, home of his lover, singer Kelly Khumalo, in what the state alleges was a botched house robbery. 

While being cross-examined by advocate Zandile Mshololo, who represents Fisokuhle Ntuli, the fifth accused in the murder trial, Mosia contradicted himself on how he secured the crime scene. 

The other four accused, Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Ncube and Mthokoziseni Maphisa, are represented by advocate Dan Teffo. 

They face charges of premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition, all of which they have pleaded not guilty to.

In April, Mosia testified that, when conducting his forensic investigation, he had secured the seven survivors — five adults and two children — in a bedroom. 

On Wednesday, Mosia said he and Brigadier Philani Ndlovu, who was the Gauteng head of detectives at the time of Meyiwa’s murder and assigned Mosia to the crime scene, were the only people in the house when he was did his forensic work. 

Challenged by Mshololo on what she called the officer’s “discrepancy”, Mosia responded: “My lord, during my investigation, the house was supposed to be [empty]. After I’ve done my [work] I suggested, to accommodate those people, because it was at night, I advised those people to use the bedroom.”

But Mshololo said she did not believe Mosia, adding that she had noted that he had given “two different answers”. 

Another concession Mosia made was that he left the crime scene after midnight, and returned when the sun had risen, and that it was only on his return that he recorded the bullet fragment and projectile the state introduced as evidence.

Mosia admitted that he had investigated the areas where the bullet fragment and projectile were found before leaving, and those exhibits were not there at that time. He conceded that those pieces of evidence might have been placed there after he had left.  

Questioned by Mshololo on why he did not investigate further, and only took eight photographs of the crime scene on his first visit, Mosia said: “I had stopped investigating the crime scene, and I decided to summon the [crime scene management] task team to take part in the crime scene.” 

Mshololo asked Mosia: “There is a witness who made a statement, by the name of Queen Gugu Ngobeni. She refers to a person named Maggie Phiri, who was cleaning liquor on the floor in the house. Did you see liquor in the house?”. Mosia replied that he had not seen any liquor containers in the house, bar two cans of alcohol on the living room table. 

Mosia acknowledged that the crime scene could have been contaminated before and after he arrived at the Khumalo family home. 

The trial continues on Thursday, with all accused remanded in custody.