There's no data linking Mncube to other Meyiwa trialists, says lawyer

Mnisi, cellphone analyst cross swords in court over ability to hear

Murder accused in the Senzo Meyiwa trial Fisokuhle Ntuli, Mthokoziseni Maphisa and Mthobisi Prince Mncube and .
Murder accused in the Senzo Meyiwa trial Fisokuhle Ntuli, Mthokoziseni Maphisa and Mthobisi Prince Mncube and .
Image: Thulani Mbele

A defence lawyer in the Senzo Meyiwa murder trial maintains that his client was not close to some of his co-accused despite analyst reports and confessions linked and disclosed the role played by all of the accused in the murder.

Adv Charles Mnisi said on Thursday, while cross-examining a cellphone data analyst, Gideon Gouws, said the evidence failed to link his client, Mthobisi Mncube, with two co-accused because his client did not know them before their arrest.

“It is not strange that there could be no linkage between him (Mncube) and accused 2 [Bongani Ntanzi]. He never knew him; they only met when they appeared in Boksburg [magistrates court] in relation to this case. It is also not strange that there is no leakage between him and accused 1 [Muzi Sibiya because he did not know him before they appeared before Boksburg’s [magistrates court]. In respect of accused four [Mthokoziseni Maphisa] and five [Fisokuhe  Ntuli], he knew them a long time ago," said Mnisi 

Gouws had previously testified that communication happened between all five accused.

Gouws said they used cellphone records from service providers, Truecaller app, credit records and common contacts to link the communication among the suspects. 

Gouws's also said that the accused Ntuli's cellphone number were save in Ntazi's phone as Lungisani. 

However, Adv Sipho Ramosepele said that Lungisani is not among the accused, and his client Ntanzi normally makes calls to Lungisani on weekends. 

"Lungisani is not the accused number 5, and the number is not attributed to Fisokuhle, and he (Ntanzi) still communicates with this person on weekends using public phones when they are allowed to make phone calls." Ramosepele said.

The statement by Mnisi is in contract with other evidence presented in court, such as the confession made by Ntanzi, who claimed that Mncube was the one communicating with singer Kelly Khumalo the night Meyiwa was shot.

During the cross-examination, there was shouting and a harsh exchange of words between Mnisi and Gouws. 

Mnisi said: “Sometimes I just don't understand. Just be slow. Sometimes I have a hearing problem... I don't mean you should shout.”

Gouws responded: “I am not shouting; you said you can't hear."

Mnisi: "I am saying sometimes I can't hear when your voice goes down; you just said something there and I didn't hear [it].”

Gouws charged back: “But you don't give me a chance to speak. You speak over me.”

The matter was postponed to Friday.

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