One of the five men accused of killing former Bafana Bafana goalkeeper Senzo Meyiwa has been accused, by the State, of fabricating a story and tailoring his evidence after his version differed from the one his lawyer presented in court.
Accused 1, Muzikawukhulelwa Sibiya, was on the stand in the North Gauteng High Court in Pretoria on Wednesday.
The court is currently in a trial-within-a-trial to determine the admissibility of Sibiya’s confession statement, which was made after his arrest in May 2020.
He took the witness stand on Monday and is now under cross-examination by State advocate Ronnie Sibanda.
On Wednesday, after highlighting numerous inconsistencies in his evidence, Sibanda told Sibiya that he was making up stories and tailoring evidence.
“My Lord, I would not lie I am stating exactly what happened to me. There is no reason to lie about the police officers,” said Sibiya.
Sibiya alleges that he was assaulted by a team of officers from the SA Police Services and the Ekurhuleni Metro Police.
He said the assault was done so that he could sign a confession statement implicating to the murder of the former Orlando Pirates goalkeeper.
Sibanda asked Sibiya whether he was ever taken to a hostel after he was arrested.
“No,” said Sibiya.
Sibanda told Sibiya that his answer differs from the one presented by his lawyer, advocate Thulani Mngomezulu.
Sibiya replied; “ I can’t comment on what Mngomezulu said, I am here to speak on my behalf.”
Sibanda continued to single out contradictions in Sibiya’s evidence and asked him about the day he was taken by police to the crime scene to do a pointing out.
“There was evidence from your counsel that the person who was taking photographs at the crime scene was following the car you and Colonel Hadebe were travelling in, can you comment on that,” said Sibanda.
Sibiya replied; “The vehicle was following us but I can't speak on what Mngomezulu said.”
Sibanda asked Sibiya to clarify whether the statement was raised by Mngomezulu or not.
“I’m not here to speak on behalf of Mngomezulu,” he replied.
Sibanda asked Sibiya why his version contradicted everyone who was involved in his arrest including police who took his statement, police who took him to the holding cells, and the magistrate who handled his first appearance.
“I don’t know the law, I don’t know how some of these things should be handled, and I can’t tell whether they all followed the law or not. But what I know is that they never read me my rights and never advised me on anything,” he said.
“So all those who said they explained your rights to you they were misleading this court,” asked Sibanda.
“I do not have a right to say someone is lying, the court would make that decision. I was not explained any rights,” he replied
Sibanda wrapped up his cross-examination on Sibiya.
A new witness is expected to take the stand on Thursday.