Adv Teffo: in your affidavit, it seems to me there are two crime scenes. Which one are you referring to?
Mosia: the secondary scene where the deceased was taken to. The hospital.
Teffo: we have a secondary and a primary?
Mosia: that’s correct.
Adv Teffo: Which one is the primary address?
Mosia: the Vosloorus one where he was shot.
Teffo: he was then taken to Botshelong hospital and that’s a secondary address?
Mosia: correct
Adv Teffo: I thought when we spoke about the scene of the crime we were talking about the house in Vosloorus. You never indicated that there’s a primary or secondary scene. I’d like to say I thank you for the clarity.
Adv Teffo: Why did you go into the police station? Which address where you looking for?
Mosia: the address for the crime scene in Mzamo, Vosloorus.
Teffo: when you went into the police station which address were you looking for?
Mosia: the caller made me aware that he does not have the address of the crime scene
Judge: that’s brigadier Ndlovu?
Mosia: that’s correct.
Adv Teffo: did they assist you with the address of the primary or secondary crime scene?
Mosia: officer communicated with the vehicle that was working outside. It was at the hospital already. I went to the hospital to be taken then to the crime scene.
Adv Teffo: so, you know Botshelong Hospital?
Mosia: yes.
Teffo: so why go to the police station?
Mosia: I was making a plan to get the address in time so I could go straight there.
Adv Teffo: You are saying the initial call was saying you are should go to the hospital?
Mosia: that’s correct.
Adv Teffo: Then why go to the police station when you know Botshelong?
Mosia: I was aware the crime scene address was still not known.
Adv Teffo: you are being evasive here. You are trying to cover up the actions of the police on that day. I can sense in your answers that there is a clear admission that the crime scene was contamination. That’s in your affidavit. You just don’t want to accept it.
Mosia: I said the scene might have been compromised.
The scene was not compromised since it was left unattended for some time.
Teffo: after reading your statement today, you should’ve said I cannot say for sure that the scene was not comprised. You aren’t 100% sure it wasn’t. That’s correct?
Mosia: that’s right.
Adv Teffo: what time did you arrive at the hospital?
Mosia: I didn’t take record of that. I usually take record of the time I left home and the time I arrive at the crime scene. #SenzoMeyiwatrial
Adv Teffo has read from both statements written by Mosia. One was written in 2014, the other was written in 2019.
“These are rather different”.
Adv Teffo: In the one you say at 00:20 you were at the primary crime scene. Address you didn’t know.
Adv Teffo: you were instructed that you had to go to Botshelong. It cannot be that you were at two places at the same time. What time did you arrive at Botshelong?
Mosia: I didn’t take a record of that.
Adv Teffo: No, I refuse that. Don’t be evasive.
Adv Teffo: I’m saying at 00:20 where were you? Botshelong as per the instruction of your senior or at the primary crime scene where the shooting took place?
Adv Teffo: you say you didn’t record the time you arrived at Botshelong hospital. You’re being evasive. You know that there’s a contradiction in the statements. You’re trying to think on your feet. I put it to you that you’re a witness that can’t be trusted
Mosia: Once the body is removed from the crime scene, I cannot regard it as my crime scene.
Adv Teffo: that’s an interesting answer. You left the hospital to the house where the body was removed. After the body was moved, why did you make that crime scene yours?
Mosia: it’s a crime scene that must be attended to. And I was available to attend to that crime scene.
Adv Teffo: I put it to you that the reason for you to go to Kutlwanong street is because you were told #SenzoMeyiwa was the victim but he wasn’t there. I put it to you that the scene was not complete without his body.
Mosia: I don’t agree with that.
Adv Teffo: why?
Mosia: people tried to save his life that’s why the body wasn’t at the crime scene.
Teffo: at what time? At 21:15 he was certified dead.
Mosia: I didn’t know that.
Adv Teffo: we will bring someone here who will testify that when he was certified dead it doesn’t mean he arrived at the hospital alive. He was just certified. What do you say?
Mosia: I have no comment.
Teffo: do you know whether he was alive or not when the body was taken from the primary scene?
Teffo: when you arrived at the crime scene #SenzoMeyiwa’s body was not there it was moved by people who don’t have medical training, a crime on its own. That in itself shows that there was contamination of the crime scene. What do you say to that?
Baloyi objects to this.
Adv Teffo: we will call a witness who will testify that #SenzoMeyiwa died at the scene. You say (I’m emotional) they took him to hospital to save his life, they were actually going to dump him at the mortuary
Baloyi objects. He requests the particulars of the witness to be given
Judge: is it not enough that they say they will call the witness?
Baloyi: it would be better to mention the name
Teffo: we cannot give out the names of our witnesses. There are threats already. How do I now give out the names?
Adv Teffo to Mosia: You’re under cross examination, you cannot confine I can ask you anything that’s related to what happened on that day. Allow me the opportunity to do so. I’m here in the best interest of my clients who’ve been accused of killing #SenzoMeyiwa
Judge: is this still a question?
Adv Teffo: no, but I am making him aware that he cannot confine me.
Judge: You’re making another statement. Ask the questions.
Adv Teffo: There are allegations that my client accused number 3 is the one who fired the shot that killed #SenzoMeyiwa. A 9mm Parabellum
Baloyi: the firearm was found in the possession of the accused.
Adv Teffo: I find my learnered colleague is now testifying. It seems he wants to be in the witness box.
Mosia answers. I’ve explained to the court that I can only answer questions surrounding what I have done at the crime scene. I cannot answer what happened before I arrived.
CORRECTION:
Adv Teffo: The witness will also testify that he (#SenzoMeyiwa) was taken to hospital in his own car, driven by Kelly Khumalo. Are you aware?
Mosia: no comment.
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Adv Teffo: The investigators for the 375 docket are determined that the people earmarked to be the suspects (7 of them) must be arrested, charged and prosecuted.
Baloyi gets up: We hope these investigators will be called to testify.
Adv Teffo: Are you now aware that there are two cases that have been opened in regards to this murder?
Mosia: Now I know.
Adv Teffo: The theory of the first case is that two men entered the house and when they left, our hero #SenzoMeyiwa was killed. Leading to the five men behind me being arrested. Can you see them?
Mosia: I see them.
Adv Teffo: The other case says it is nonsensical that two people entered that house. What is being said is that there were people in that house that day, the owner, family and visitors, including our beloved son of the soul. #SenzoMeyiwa.
Advocate Malesela Teffo begins the cross examination. #SenzoMeyiwa
Mosia now reading his affidavit from 2019, 5 years after the soccer star was killed. #SenzoMeyiwatrial
Mosia: On 4 June 2019, Colonel Buthelezi from PTA office requested a statement from me regarding the murder scene in Vosloorus, in October 2014. 💃🏽#SenzoMeyiwatrial