Thread by @Chriseldalewis

Good morning,

Another week of the trial of 5 men accused on killing #SenzoMeyiwa.
The lawyer representing four of the accused wants to argue for a trial-within-a-trial.

#SABCNews

Adv Malesela Teffo likely wants to argue that the State is currently calling witnesses that cannot 'assist to find out who killed' #SenzoMeyiwa

#SABCNEWS

#SenzoMeyiwa

Adv Teffo wants to demand that the cross examination of Thabo Mosia be stopped and other witnesses, which includes Kelly Khumalo, be rather called to the take the stand.

#SABCNEWS

#SenzoMeyiwa We adjourned early on Friday as Mosia was not feeling well. We will hear this morning whether he fit to take the stand again.

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#SenzoMeyiwa

Adv Teffo also wants to argue that accused 1 and 2 were allegedly assaulted to incriminate themselves.
I understand he also wants to argue that the two were not even in the province when the murder occurred.

#SABCNEWS

#SenzoMeyiwa Forensic detective Sergeant Thabo Mosia has arrived in court but he tells me he is still unwell.

#SABCNEWS

#SenzoMeyiwa

We are starting with other court cases.

#SABCNEWS

#SenzoMeyiwa

State Prosecutor Adv George Baloyi says Adv Malesela Teffo is a bit delayed this morning. He anticipated he will be here at court 10:30am.

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#SenzoMeyiwa

State Prosecutor Adv George Baloyi says he also received papers this morning for a special plea that Adv Malesela wants to bring. (application for trial within a trial)

'I only received them this morning'

#SABCNews

#SenzoMeyiwa

Adv Malesela Teffo has arrived in court.
He says he had an emergency that delayed him.
#SABCNews

#SenzoMeyiwa

Adv Zandile Mshololo says she would like to continue with Mosia's cross examination and discussions Adv Malesela Teffo wants to have with State Prosecutor can be done during the break.
She does not want an adjournment.

#SABCNEWS

#SenzoMeyiwa

Responding to Adv Zandile Mshololo's objection:

Adv Teffo:

This is very strange, I want to engage the State.
This is not about interfering with her cross examination.

#SABCNEWS

#SenzoMeyiwa

The legal representatives will now meet with the presiding Judge in his Chambers.
We adjourn for a moment.

#SABCNEWS

We are now told we will resume at 11:30am.

#SenzoMeyiwa

#SenzoMeyiwa We are back.

Adv George Baloyi says they had a discussion with Adv Teffo.

'We couldn't reach consensus'

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#SenzoMeyiwa

Adv Malesela Teffo:

My learned colleague is putting me in between a rock and a hard surface.

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#SenzoMeyiwa

Mshololo wants to proceed with her cross examination.

#SABCNEWS

#SenzoMeyiwa

State Prosecutor Adv George Baloyi says he is of the view that Adv Zandile Mshololo should continue with cross examination of Thabo Mosia.

#SABCNEWS

#SenzoMeyiwa

Adv Teffo: I have instructions that the special plea be brought.

'It can be brought at any stage of the proceedings and it can interrupt the proceedings. The court has no choice but to entertain a special plea'

#SABCNEWS

#SenzoMeyiwa

Adv Teffo: I request you to entertain a trial within a trial, whereby accused number 1-4 are in this courtroom, unconstitutionally.

We are alleging that accused were assaulted as a result the confessions were solicited from that assault.

#SABCNEWS

#SenzoMeyiwa
Adv Teffo:

#SenzoMeyiwa

They (accused 1 & 2) were profusely assaulted that they bled. .

They were assaulted with batons. We are in a situation of apartheid tactics.

#SABCNEWS

#SenzoMeyiwa

Adv Teffo pointing to what he will argue in the special people that two of the accused were not even in the province when the soccer star was killed.
One was in Mahlabathini and another KwaNongoma in KZN.

#SABCNEWS

#SenzoMeyiwa

Adv Teffo:

Cross examination cannot downplay the rights of my client.
This special plea will be a game changer.
The special plea should be entertained.

#SABCNEWS

#SenzoMeyiwa

Adv Teffo:

Police soliticited confessions in an unconstitutional manner.

#SABCNEWS

#SenzoMeyiwa

Adv Teffo:

I this court ignores our request for a special plea, it would be a sad day in our Constitutional democracy.

#SABCNEWS

#SenzoMeyiwa

Adv Teffo:

In this case the state has 130 witnesses for which I doubt if these are genuine witnesses.

#SABCNEWS

#SenzoMeyiwa

Judge Tshifhiwa Maumela now ruling on whether Adv Malesela Teffo (for accused 1-4) can proceed with his special plea for a trial within a trial NOW or if the court continues with the cross examination.

#SABCNEWS

#SenzoMeyiwa

Judge Tshifhiwa Maumela now ruling on whether Adv Malesela Teffo (for accused 1-4) can proceed with his application for a special plea for a trial within a trial NOW or if the court continues with the cross examination.

#SABCNEWS

#SenzoMeyiwa

PTA Court has dismissed Adv Teffo's request for an application for a trial within a trial to be heard NOW.
Adv Zandile Mshololo will continue with cross examination of forensic detective Thabo Mosia.

'I do not see a substantive application before me'

#SABCNEWS

#SenzoMeyiwa

Following the ruling, Adv Teffo rises and says they are not going to let it go.

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#SenzoMeyiwa

Adv Mshololo: Mr Mosia, did you attend the crime scene as an expert or ordinary police.

Mosia: I went to the scene of crime as an expert.

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#SenzoMeyiwa

Adv Mshololo:

And you are a qualified expert?

Mosia:

Yes.

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#SenzoMeyiwa

Adv Mshololo:

Did you do any studies or training in forensic investigations.

Mosia: I did BTech in forensic investigation in 2019.

#SABCNEWS

#SenzoMeyiwa

Adv Mshololo:

At the time of the incident you had not done any studies in forensic investigations?

Mosia:

I did internal courses in 2008 and became a criminalistic expert in 2013.

#SABCNEWS

#SenzoMeyiwa

In 2008, Mosia says he did a basic forensic course.
And 2013 he finished training and he was accredited as a criminalistic expert certificate.

#SABCNEWS

#SenzoMeyiwa

Adv Mshololo:

So you are saying you are a qualified expert because of that?

Mosia:

Yes.

#SenzoMeyiwa

Adv Mshololo:

Then how come you said you left the crime scene because it was beyond your capabilities?

Mosia: I explained on numerous occasions why I left the scene and the proper handing over of the scene was done.

#SABCNEWS

#SenzoMeyiwa

Adv Mshololo:

Based on the training you received you were supposed to continue with the investigation of the crime scene and your leaving of the scene was unjustified.

Mosia:

There are rules that guide us.
#SABCNEWS

#SenzoMeyiwa

Adv Mshololo asking again why he didn't take swabs of gun residue from the hands of people in house.

Mosia says when he attends a crime scene he takes instructions from a senior officer.
In this instance Brigadier Philani Ndlovu who arrived before him

#SABCNEWS

#SenzoMeyiwa

Mosia says he was assisted by Lt Zwane when he visited the crime scene for a second time.

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#SenzoMeyiwa

Adv Mshololo:

So you are the only one here to testify about the crime scene on Day 1

Mosia:

Yes

We adjourn for lunch

#SABCNEWS

#SenzoMeyiwa

Adv Mshololo:

Did you take a pic of the kitchen where deceased was shot?

Mosia:

Yes

#SABCNEWS

#SenzoMeyiwa

Adv Mshololo:

We there any bloodstains?

Mosia:

There was no blood stains on the floor but blood spatter on the walls.
There was more blood in the sitting room which is tiled.

#SABCNEWS

#SenzoMeyiwa

Mshololo: I'm referring to the blood on the walls in the kitchen.

Mosia:

When were these pics taken. On the second visit at the crime scene.

Mshololo:

Why did you not take them on the first time?

Mosia: I have already told this court why.

#SABCNEWS

#SenzoMeyiwa

Mshololo: I want you to bring that policy here which says you can't inspect the scene until the task team comes.

#SABCNEWS

#SenzoMeyiwa

Mosia:

There was also blood in lounge between TV stand & couch.

Mshololo: When were these pictures taken?

Mosia: During my second visit.

Mshololo:

Why on second visit?

Mosia: We received an instruction to wait for crime management task team.

#SABCNEWS

#SenzoMeyiwa

Mshololo:

It is alleged the deceased was bleeding. Did you go and inspect his car?

Mosia: No

Mshololo: When you got to the crime scene, the deceased car was there?

Mosia:

Yes

#SABCNEWS

#SenzoMeyiwa

Adv Mshololo: How far is Botshelong Hospital from the crime scene?

Mosia:

About 3 kilometers

Mshololo:

Did you check how many kilometers the deceased car had recently travelled?

Mosia:

No I did not because it was necessary according to me.

#SABCNEWS

#SenzoMeyiwa

Adv Mshololo: Did you check the tracker to see what distance was travelled with the deceased to the hospital.

Mosia:

No

Mshololo:

So there is no evidence.
#SABCNEWS