Thread by @TshegoMoagi_

Adv Malesela Teffo continues with the cross examination. Teffo starts by apologising to Sergeant Mosia for using foul language.

Mosia: Apology accepted.

#SenzoMeyiwatrial

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.

#SenzoMeyiwatrial

Mosia says he has no comment on this statement #SenzoMeyiwatrial

Teffo: You are here to testify about the 636 docket, is that correct?

Mosia: Yes.

#SenzoMeyiwatrial

Mosia: I want to complain about the manner in which colonel Buthelezi came to request my statement. She did not disclose to me which unit under the police force she belongs to. I was not told about the case (375). I should’ve known before I wrote the statement. #SenzoMeyiwatrial

Teffo: We (myself and Adv Baloyi) cannot do anything about your complaint which you are lodging now as you sit in the witness box.

Teffo: I asked you if you were under duress or you gave the statement under your own free will. Do you remember your answer?
Mosia: Yes, I remember the answer that I wrote it under my own free will

Teffo: Now you are complaining. Do you remember what you said about Colonel Buthelezi said to you about which unit she belongs to?

Mosia: Please remind me

#SenzoMeyiwatrial

Teffo: You said Buthelezi told you that she is working for crime scene management. And you said that section is your section, the forensics. You said she is working at your division. You are provincial and she was at the national level. Do you remember that?

Mosia: yes I do

Teffo: And it’s true. She is from your own unit, nationally. Can you deny that?

Mosia: I am not sure about that.

Teffo: It’s fine, let’s not go back. You are an evasive witness who cannot be relied on. It seems your purpose as you sit there is to protect any oversight of the state regarding this case and the crime scene. You are not unreliable. What do you say?

Mosia: No comment

Teffo: I put it to you that there’s a possibility you’ll be called in the case 375 as a witness. Are you aware that you may be a witness?

Mosia: That’s correct.

#SenzoMeyiwatrial

Teffo: The role of Major General Ndlovu was prominently prompted under cross examination. Do you remember that?

Mosia: I do.

#SenzoMeyiwatrial

Adv Teffo: Major General Ndlovu departed before you could finalise your cross examination. May his soul rest in peace.
I don’t know if you know if you know him.

Mosia: I first met General Ndlovu in 2014

Adv Teffo: Can you say he was an important witness of the state or not, based on the evidence?

Baloyi: I don’t think this is a fair question for the witness.

Teffo: It’s a preliminary question. The NPA said the passing of General Ndlovu doesn’t affect their case. I am asking this witness that in his heart does he clearly believe Ndlovu is not important witness for the state. I will substantiate why I asked.

Judge: The problem is say witness for the state. If you said vital witness, that would be different.

Teffo: I take guidance from the court.

Adv Teffo asks the question again.
Mosia: I cannot answer that

Adv Teffo: Are you aware of an affidavit deposed by Major General Ndlovu before he passed?

Mosia: No, I am not aware.

Adv Teffo: I put it to you that under docket 636 I did not come across a statement. There is no affiavit, that’s why you’re not aware #SenzoMeyiwatrial

Adv Teffo: I can put it to you that Ndlovu deposed an affidavit under CAS 375 before he passed away. Any response?

Mosia: No response.

#SenzoMeyiwatrial

Adv Teffo: Major General Ndlovu was approached by investigators of CAS 375 like they did with this witness. I deliberately didn’t bring it to the attention of the court yesterday.

Adv Teffo: Can I use this statement to rebut the statement of Mr Mosia?

Judge: I am looking at this case (636) If you want to question about what you have in hand, it will be up to your colleagues to object or not. I cannot give you guidance.

Adv Baloyi: The state is going to object to the statement being used because we don't have it.

Adv Teffo: I will accept, I think the message has reached where I want it to reach.
If 375 goes further, I believe this affidavit will be made available to the state. #SenzoMeyiwatrial

Adv Teffo: For the purpose of this case (636) Major General Ndlovu was important to be there and support his affidavit, his evidence was important.

Mosia: No comment

Teffo: The issue of two dockets, in your experience: one incident, different theories & investigators, is this not unprecedented?

Mosia: This is very strange, I have never come across this.

Teffo: I agree with you. I have also never come across this either. #SenzoMeyiwatrial

Teffo: Would I be right to say you have seen a lot in relation to your career? Various crime scenes?

Mosia: That’s correct.

Teffo: And the late Ndlovu did explain to you what he was informed by eyewitnesses on that night?

Mosia: yes that is correct.

Teffo: And you believed that information from your senior?

Mosia: Yes.

Teffo: You never questioned it?

Mosia: there is no way I can question a person who is giving me information about an incident

Teffo: is it not strange that in this case, the robbery was the death of #SenzoMeyiwatrial judge

Baloyi: These are matters for argument?
Judge: what is your question, Adv Teffo?

Teffo: Let me ask it differently. Mr Mosia, I put it to you that if in general terms there is a robbery, the alleged robbers will not shoot one person and leave others. But will shoot all the people who are there to try and conceal the evidence.

Mosia: No comment

Baloyi objects. I don’t think this witness can give an opinion on what robbers can and cannot do.

Mosia: I can talk to the scenario as I received the information. I have mentioned what happened in the house. There was a scuffle, the suspect and maybe the deceased...I can say it’s possible that one person can be shot and others survive.

#SenzoMeyiwatrial