LIVE BLOG | Court ditches cellphone expert for DNA specialist in Senzo Meyiwa trial

A DNA specialist is the next witness to take the stand at the Senzo Meyiwa trial.  

Captain Mmampshedi Masetla is expected to take the court through the DNA evidence collected from the crime scene, witnesses, the accused and the deceased.

Initially, the state was set to introduce a cellphone analyst Sergeant Vusimuzi Mogane today.

However, due to the defence’s objection that the data obtained from the phones seized from accused no. 2 Bongani Ntanzi and accused no. 5 Fisokuhle Ntuli was outstanding, the court resolved to move to the next witness.  

Sgt. Mogane will take the stand once the cellphone service provider completes the collation of all the information, to be handed to the defence.  

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. 

15:34 - COURT IS ADJOURNED UNTIL 10:00 TOMORROW

15:34 Judge Mokgoatlheng asks Capt. Masetla if he is available tomorrow to resume his testimony. The captain indicates that he is.

"We have two samples from the scene and five reference samples... If it's a male it's XY and if it's a female it will be XX." - Capt. Masetla

15:05 Capt. Masetla tells the court that the accused, Mthokoziseni Maphisa, Fisokuhle Ntuli and Muzikawukhulelwa Sibiya were excluded on all the samples.

Zandile Khumalo's DNA was found on swab 11 from a Smirnoff can.

Mthokozisi Thwala, Kelly Khumalo, Tumelo Madlala, and Longwe Twala were excluded from all samples collected from the crime scene. 

14:58 "There is a scotch hat...it excluded the suspects." - Capt. Masetla

"Swab 8 is also a toilet handle swab, and it matched a G.ladness Khumalo."

The DNA found on the toilet handle [swab7] was found to be female however "it didn't match any of the females from the reference samples. 

Capt. Masetla states that the blood swab number six from the kitchen contained the deceased's DNA.

"The blood swab number 5 in the kitchen wall didn't include enough DNA to give us a profile."

14:52 "The blood found next to the TV stand included the deceased" - Capt. Masetla 

14:47 Captain Masetla continues to read the description and results of the exhibits, from the deceased. He also mentions swabs of touch DNA from the door handle.

Adv. Baloyi asks the court to turn to 'exhibit x' which is a letter written by Capt. Masetla in April 04, 2019.

"This is when I do a DNA comparison." - Capt. Masetla 

14:44 Adv. Baloyi asks the captain what he does after the results have been obtained

Capt. Masetla says reference samples are taken from accused individuals or other "known" persons to do a comparative study.

"The sweat samples will be cut into smaller pieces, so they can go into the DNA system."

14:25 Capt. Masetla says the forensic team would also look for hair or sweat. Using a hat as an example, he explains that the area suspected to have sweat would be swabbed. 

The captain further explains how the forensic team would conduct a preliminary test to determine if blood is present on an exhibit.

Capt. Masetla takes the stand and takes the court through his affidavit listing his training and work experience. He then continues to explain to the court, the process of collecting and analysing DNA.

Adv. Baloyi introduces DNA expert senior forensic analyst, Captain Mmampshedi Masetla as the next witness.

14:00 - COURT RESUMES

12:08 - COURT ADJOURNS TO RETURN AT 14:00

12:07 Judge Mokgoatlheng adjourns the session and states the next witness will be the DNA expert and not Sgt. Mogane, as previously mentioned.

Adv. Baloyi explains that if Sgt. Mogane is not needed yet, the court can move to the DNA expert. 

He further tells the court that the service provider had previously indicated that they would be ready with the data on October 6. 

Adv. Baloyi: "We've always been candid with the defence to say if they want more time to consult then they should indicate that."

11:57 Adv. Mnisi tells the court that based on the lack of cellphone data, "it is evident that the state is not ready for this witness."

Adv Baloyi adds that Sgt. Mogane will only testify on the confiscation of the two cellphones and data from the devices will be provided to the defence once the service provider has collated the information.

Adv. Baloyi informs the court that Sgt. Mogane's statement was sent to the defence counsel last Monday.

Adv. Mshololo states that her client is being prejudiced by not having access to evidence, such as cellphone data, ahead of time, to allow them to prepare.

Adv. Mshololo objects to "the evidence of this witness [as it] forms parts of cellphone evidence that was discovered to us last week."

Adv. Baloyi introduces the next witness, Sergeant Vusimuzi Mogane. 

11:41 - COURT SESSION RESUMES 

11:15 COURT TAKES SHORT ADJOURNMENT

Adv. Baloyi concludes.

Const. Zungu confirms that the image is that of accused number 2 wearing a hoodie.

Judge Mokgoatlheng allows the image to be introduced.

Adv. Baloyi produces a picture to show the constable and asks whether this is the image [identikit] from a newspaper that he was referring to in a previous cross-examination. The defence objects to the image being introduced. 

Adv. Baloyi continues to ask Zungu to clarify certain questions posed to him by the defence counsel.

Const. Zungu explains that he does not know the owner of the car. 

Const. Zungu: There were five of us including myself and accused number three. I cannot remember the others. 

10:37 Adv. Baloyi: Who was in the red car when you went to buy alcohol at TOPS?

Adv. Baloyi questions Const. Zungu on why he refers to the accused by different names, the constable clarifies that he knows the accused by the names they are commonly known by at home [in the community].

10:25 State prosecutor Adv. George Baloyi questions const. Zungu on whether he has any motive to fabricate seeing accused number two and five at the hostel. The constable says he does not. 

Adv. Sipho Ramosepele asks const. Zungu on the physical appearance of the accused, including hairstyles, gold teeth and tattoos. The constable is unable to confirm.

Zungu: I did not say I saw him that time it was before and after.

Adv. Mshololo: The accused version is that at 17:28 on 26 October 2014, he was at George Goch Hostel

Advocate Zandile Mshololo focuses on when the picture depicting accused number five and three was taken.

10:07 - TRIAL RESUMES FOR THE DAY