The defence lawyer, Charles Mnisi told the North Gauteng High Court that the state’s sixth witness, Mthokozisi Thwala is “tailoring his evidence to suit his narrative”.
Mnisi was testing Thwala’s version of events on what transpired the night Bafana Bafana captain Senzo Meyiwa was gunned down in an alleged botched robbery at his girlfriend, Kelly Khumalo’s home in 2014.
Five men are standing trial for Meyiwa’s murder and they have all pleaded not guilty to the charges.
Mnisi said the second state witness Khaya Ngcatshe placed Meyiwa on the passage after he was gunned down while Thwala placed him near the couches in the dining room.
Thwala disputed that there were contradictory testimonies saying they placed the soccer at almost the same spot because the house is small.
“We are saying exactly the same thing … myself and Khaya,,, if that is what you are disputing. It would have been an issue if I had said he was in the kitchen. The passage and the dining room are almost the same place,” said Thwala.
Mnisi said Ngcatshe told court that Meyiwa was left unattended after he got shot. But Thwala said he only left Meyiwa alone when he went to open the bedroom door to Tumelo Madlala.
“It goes back to what I said that maybe when he came in I had gone to assist Tumelo (Madlala) in the bedroom. There was no way I was going to leave my friend knowing that he was hurt or go sit in the toilet,” said Thwala.
But Mnisi didn’t take these responses lightly saying Thwala was tailoring his response to suit his narrative.
“I am putting it to you Mr Thwala that as the question is coming to you, you are trying to tailor your version that is contradictory to what Mr Ngcatshe has said to suit the narrative that you are trying to give to this court”.
However, State prosecutor, George Baloyi objected and said there was no basis for making “this breathtaking statement”
Judge Ratha Mokgoatlheng questioned whether where the soccer star was lying in the house on the fateful night made any difference to the case.
“Just for my clarification, is it material whether Senzo was lying in the dining room right next to the TV or he was lying towards the passage and the ark. Does it make any difference because the fact of the matter is the witnesses all say he was shot.
“Even if he was in the bedroom, does it make any difference to the case? He was shot. All of us listened to the evidence. We all heard that he was shot inside the house in the kitchen.
“And I am saying like the witness is saying it is a small house when you are in the passage and the dining room. The other day I said the way I see it is when you put your leg you are in the passage, there after the dining room there after the ark. If it is material, fine you can proceed that way,” said Mokgoatlheng
To which Mnisi responded by saying: “I am not so sure if the court has already made a Prima Facie view that these contradictions are not material”.
Mokgoatlheng: “No no that is why I said if it is material you can continue on that line. You can continue on the same line if it is material for your defence. It is fine”.
