Defense in Meyiwa trial wants a statement the state didn’t share

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A statement by state witness, Nkosikhona Hadebe, which the state has not shared with the defense has brought proceedings at the Senzo Meyiwa murder trial in Pretoria to a standstill. 

Court has adjourned until 14h00 to allow the state to hand over copies of the statement and allow the counsel to consult their clients on it. 

This emerged during Advocate Charles Mnisi’s cross-examination of the witness on the pointings-out he says he conducted with accused 1, Muzi Sibiya, on the 5th of June 2020. 

According to Hadebe, he collected Sibiya from the Alberton Police Station holding cells and drove with him to the crime scene of Senzo Meyiwa’s murder in Vosloorus as well as the Basothong Hostel where a previous witness, Sizwe Zungu told the court he had seen all the five accused in a meeting on the day of the murder. 

Asked if he’s deposed a statement about the pointings-out, Hadebe confirmed he did – much to the surprise of the defense who told the court they didn’t have a copy of the statement. This has brought proceedings to a halt until 14h00 and Advocate Thulani Mngomezulu, who had concluded his cross-examination, will now reopen his cross-examination when court resumes.   

Earlier, Hadebe denied the presence of police’s Tactical Response Team members when he conducted the pointings-out. This as Mngomezulu interrogated him on police torture and coercion.  

Mngomezulu: Who escorted you? 

Hadebe: Members of the EMPD. They were in two cars. I think they were four. 

Mngomezulu: Didn’t you see a minibus that has members of the TRT. 

Hadebe: No, I didn’t. 

Mngomezulu: Where were these members of the EMPD during the pointings-out. 

Hadebe: They kept a distance, my lord. 

Mngomezulu: Did he direct you, turn left, turn right?

Hadebe: My lord, he said we should take him to the entrance and when we got there he said no I can see.

Mngomezulu: Was he directing you?

Hadebe: Yes!#SABCNews #SenzoMeyiwa #SenzoMeyiwatrial

— Sipho King K Kekana (@KingKAzania) October 24, 2023

He has denied the accused was coerced to participate. 

“He was never coerced by me, and he never reported that,” says Mngomezulu. 

Mngomezulu: Mr Sibiya is going to deny that he directed you.

Hadebe: I wouldn’t know those points if they were never pointed out by him.#SABCNews #SenzoMeyiwa #SenzoMeyiwatrial

— Sipho King K Kekana (@KingKAzania) October 24, 2023

According to the defense, Sibiya was arrested on the 30th of May 2020 in Tembisa and endured torture on several occasions and in several locations before he eventually complied by signing a pre-typed confession statement which was brought by Colonel Mhlanganyelwa Mbotho. 

“My instruction is that when Mbotho came into the office, the assault stopped. He says Mbotho had documents with him and told him if he didn’t sign them, he would let those police officers continue assaulting him,” says Mngomezulu. 

Mbotho has previously denied this saying the accused had tendered the confession freely and voluntarily.  

The trial continues.