Mthobisi Carlos Mncube is one of the five accused of murdering Senzo Meyiwa
Image: ANTÓNIO MUCHAVE.
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Forensic analyst, captain Mmampshedi Masetla is back in the hot seat at the Senzo Meyiwa trial.  

Capt. Masetla began his testimony on Monday, where he told the court that DNA samples collected from the crime scene excluded three of the five accused, Mthokoziseni Maphisa, Fisokuhle Ntuli and Muzikawukhulelwa Sibiya.

Five men are on trial for the murder of the soccer star who was shot and killed at his girlfriend Kelly Khumalo's home in Vosloorus on Gauteng's Eastrand in 2014. 

The accused have all pleaded not guilty to the charges.


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14:24 - Defence lawyer, Sipho Ramosepele who represents accused number one and two begins his cross-examination of Mulder.

When Baloyi asked when Ntanzi had worked for the last time, Mulder said Ntanzi's last whereabouts can be traced to 25 October 2014 at 06:57 am at the work hostel.

"He applied for unpaid leave and stated it was for unpaid leave,. His supervisor approved the leave," Mulder said.

Mulder also revealed that there was a leave notice from Ntanzi from 27 October 2014 to 31 October 2014.

After resumption, Mulder told the court that he had made a discrepancy on his initial statement. He says that his initial statement was based solely on Ntanzi's clocking history.

14: 10 - COURT RESUMES

13:07 - COURT ADJOURNS FOR LUNCH

He reveals that Ntanzi had clocked in for work on both days.

Mulder then reveals Ntanzi's movements for 24 October 2014 and 25 October 2014 , two days before Meyiwa was killed.

When Mulder is asked what system the employees used, he revealed that each employee had a unique clocking card.

Mulder: "Yes, even for their own safety."

Baloyi: "Are employees monitored?"

Mulder confirms that Ntanzi had been working at Driefontein mine from April 2009 until February 2016.

Hendrik Louis Mulder is called to the stand. He is employed by Sibanye Gold as HR manager where accused number two, Ntanzi was employed. Mulder has been employed at the mine for 29 years.

12:50 - New witness is called to the stand

Advocate Zandile Mshololo says she has no further questions for the witness as she has clarified the information during the tea break.

12 : 40 - COURT RESUMES


 

12: 15 - COURT ADJOURNS FOR TEA BREAK


Advocate Zandile Mshololo who represents accused number five begins her cross-examination of Masetla and asks for a short adjournment to allow Masetla to gather information.

12: 11 - Adv. Mshololo begins cross-examination

Advocate Charles Mnisi and Advocate Zithulele Nxumalo have no questions for the witness.

"It would get difficult to comment on what other witnesses have said to say the DNA that was obtained on the rim of the hat excluded the suspects I mentioned in my report," Masetla replied.

"What are you saying regarding the hat and the five people before  court?," Ramosepele asks.

Ramosepele is then asked to give context to the witness. He rephrases his question.

Advocate Sipho Ramosepele who represents accused number two asks Masetla what is comment is about Zandile Khumalo saying that the hat belonged to one of the intruders. Before Masetla could respond, Advocate Baloyi objected.

12:00 - Cross-examintion begins

"For me it will be common knowledge to say if your DNA is not found on the scene, for me it would say you didn't touch anything on the scene but I wouldn't want to go too much into that," Masetla responded.

Baloyi asks whether there are any factors that could lead to where a suspect's DNA is not found on the crime scene in general.

Muzikawukhulelwa Sibiya's DNA swab results were also read out and he was excluded by Masetla.

Fisokuhle Ntuli's findings were also read out and Masetla excluded him based on his readings not being found in all the regions.

Masetla: "He is found in 7 regions"

George Baloyi: "In how many regions is he found in?"

Masetla reveals that there are already three regions in which Mncube is not read, therefore he is also excluded.

11: 18 - Masetla reads the findings on accused number three,  M Mncube's swab

When state prosecutor, George Baloyi asked in how many regions Ntanzi, accused number two, was found in, Masetla revealed that Ntanzi was found in 10 out of 16 regions.

"Ntanzi is not read fully on the hat. On the hat Ntanzi is excluded. I can conclude on both the swab and the hat, I exclude Ntanzi," Masetla told the court.

10: 53 - Masetla moves on and reads the findings on Ntanzi's swabs

Masetla then said he would not continue reading Maphisa's results as he is not found in the first two and is excluded.

"You will see that on the swab you have 27, 28, 29 and 30 and on Maphisa we have 28 and 30.2. So you can see there is no 30.2 so in that case, Maphisa is out because we don't have the character 30.2," he continued.

"On the swab we have characters 12 and 13, 14 and 15 and on Maphisa we have 13 and 13 which is representing the 13 on the swab the same on Maphisa," he told the court.

Masetla then began with his findings obtaining to accused number number four, MZ Maphisa.

"A DNA result with XY is male and one with XX is female. For us to say a person is included in the DNA found they have to be found in all regions. For us to say you are a contributor to a DNA mixture, you must be in all the regions," Masetla explained.

10:20 - Masetla begins his testimony by explaining the contents of the DNA samples that were taken from the scotch hat which was found at the scene.

Following his testimony yesterday in which he told the court that the accused, Mthokoziseni Maphisa, Fisokuhle Ntuli and Muzikawukhulelwa Sibiya were excluded on all the samples, DNA expert and senior forensic analyst, Captain Mmampshedi Masetla continues his testimony at the Pretoria High court.

 

10:10 - COURT SESSION RESUMES FOR THE DAY


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