A defence lawyer in the Senzo Meyiwa trial scrutinised the time frame in which one of the murder accused made a confession statement on the night of his arrest.
Advocate Zandile Mshololo — for accused number five, Sifiso Ntuli — questioned lead investigator Brigadier Bongani Gininda about events which transpired when accused number one, Muzikawkhulelwa Sibiya, was arrested.
According to Gininda, Sibiya confessed on the same day he was arrested.
The confessions made by Sibiya and accused number two, Bongani Ntanzi, are currently the subject of a marathon trial-within-a-trial to determine whether the confessions were made freely and voluntarily.
On Tuesday, Gininda told the High Court in Pretoria that he was not a part of the police that arrested Sibiya, he was only notified of his arrest and was told he wanted to confess.
He then arranged for an officer who was not involved in the case to take Sibiya’s statement.
Colonel Nhlanganyelwa Mbotho who was stationed at Diepkloof Police Station took Sibiya’s statement.
Mshololo said according to records, the statement was made late at night and went on after 12am.
“The accused should have been sleeping by then, why was this statement rushed, couldn’t this be done the next morning?” asked Mshololo.
Gininda replied: ‘’This was a very serious matter my lord, and if someone wants to confess in a complex matter, he's aware of his constitutional rights, he wants to make this confession free and voluntarily and attempts [are made] to find an officer and [if] that person is found I didn’t see the need to delay.”
Earlier, Judge Ratha Mokgoatlheng, had to remind Mshololo that her line of questioning was irrelevant as some of the issues she was raising had already been handled.
Mshololo had to abandon her questions.
Meyiwa was killed on October 26, 2014, while visiting his singer girlfriend Kelly Khumalo at her home in Vosloorus.
In the house on that day were Khumalo and her younger sister, Zandile; their mother, Ntombi Khumalo (MaKhumalo); Longwe Twala; Meyiwa's friends, Mthokozisi Thwala and Tumelo Madlala; Khumalo's then four-year-old son, Christian; and Thingo, her daughter with Meyiwa.
Five men — Sibiya, Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Ziphozonke Maphisa, and Fisokuhle Nkani Ntuli are standing trial for his murder.
Mshololo will continue cross-examining Gininda on Wednesday.