Senzo Meyiwa murder trial to hear state's application to recall two witnesses
The state wants to lead new photographic evidence as part of its case.
On Monday prosecutor George Baloyi brought an application but the defence could not respond to it, as one of the lawyers were absent after participating in the Comrades Marathon.
Five men are being tried for the football star's 2014 murder.
The court may have continued without Advocate Charles Mnisi present but proceedings were still affected by his absence.
Baloyi brought a formal application for two police officers to be recalled to testify about 19 photos found on the phones and memory cards belonging to accused, Muzi Sibiya, Bongani Ntanzi and Mthobisi Mncube.
But Mnisi who represents Sibiya and Mncube was not in court to give an indication of his response to the application.
Ntanzi's lawyer Sipho Ramosepele was standing in for Mnisi and he addressed the court.
"With respect to Sibiya and Mncube they have requested me to implore the court to allow them the opportunity for Adv Mnisi to respond to the application because there is a further instruction, to respond to the application.
Mncube who is represented by Mnisi told the court that he can only give instructions on the photo that the state plans to use against him, to Mnisi who is expected to be present in court on Tuesday after running the Comrades Marathon.
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The Citizen
4 days ago
- The Citizen
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The Citizen
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TimesLIVE
10-07-2025
- TimesLIVE
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Despite being granted bail, whether a parolee accused of the murder of Likhona Fose, 14, will be released from custody rests on the decision of the parole board. Mduduzi Mnisi was released on parole in December 2018 after he was sentenced to 18 years' imprisonment for attempted murder and robbery with aggravating circumstances. He served nine years in prison and was paroled until 2027. On Wednesday, magistrate Delize Smith granted him bail of R5,000 after a witness, who told police Mnisi had been seen with the 14-year-old in Durban Deep, Roodepoort, shortly before her murder, declined to consult with the state's legal team. 'This court is not the trial court, and the testimony of that witness has not been tested. But the behaviour of this witness now at this stage, when she has to come for the consultation with the prosecutor or assisting investigating officer further, seems to be ducking and diving, and [the witness] even goes to stay in another address,' Smith said. 'A person is deemed to be innocent until proven guilty at the trial. And as there is no evidence, prima facie, at this stage, the court finds this to be an exceptional circumstance [grounds for bail to be granted],' she ruled. During the bail application, the investigating officer in the Fose murder, Moses Semosa, testified that the witness told him she had seen Mnisi walking to his home with the teenager at about 4pm on May 31, the day before she was found dead. Mnisi said he did not know her, denied any involvement in her murder and asked the state to check his cellphone records as he was in Daveyton with two friends at that time. This alibi was investigated, and his phone was linked to a tower in Daveyton. Mnisi also called his girlfriend to testify that they were together at her home in Kagiso after 7pm on May 31, that they had spent the night together and he had never left her sight. The court heard that Mnisi's cellphone was linked to a tower in Kagiso at about 8pm. On hearing about the cellphone locations, Mnisi's parole officer, Neo Lakaje, said he had violated his parole conditions as he had not obtained prior permission to be in another jurisdiction. Smith instructed the court order be sent to the correctional supervision or parole officers, saying bail would only become effective if the parole board decided Mnisi's parole should be reinstated. The court heard during the bail proceedings that he had violated his parole conditions, which required him to notify authorities if he left his home district. Part of his alibi was that he had travelled to two other locations during the time that Fose went missing.
