In criminal trials, the defense can challenge the prosecution's evidence by demonstrating that proper documentation procedures were not followed, such as when police failure to record evidence in occurrence books creates reasonable doubt about the authenticity of seized items.
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Senzo Meyiwa Murder Trial | Defence expected to call more witnesses for NtanziAdded:
Meanwhile, the defense counsel in the Senzo Meyiwa murder trial is expected to call more witnesses today as it continues building its case for accused number two in Bongani Ndwandwe. It starts with Sergeant Thamsanqa Mkhize, a police officer from Pretoria, concluded her evidence in chief. Let's get you an update on that leg of the story with SABC news reporter Pearl Magubane, who joins us now live from the High Court in Pretoria. And Pearl, this case has been ongoing for quite some time. Bring us up to speed with what we've heard so far and what things are likely to pan out or how things are likely to pan out today.
Good morning, Ayanda, and to the listeners. Yes, it's been a while since the trial commenced, and we're focusing on Bongani Ndwandwe's defense. And while he took time on the stand from February, he only concluded last month his testimony. But so far, six people have been called to testify on his behalf, mainly police officers from the Lealea police station. This is where he was kept in 2020 following his arrest for a couple of months, and where the state alleges that they were he was found in possession of a cell phone that has been a bone of contention. Now, the cell phone is said to be the one that Ndwandwe made several calls, one to a legal representative Mziwako that he has denied knowing, and two to family members and his girlfriend on various occasions. He does say, however, that his phone was confiscated immediately after he was arrested. Now, the police officers that have testified so far, stationed at Lealea, say that there was no note in the occurrence book or evidence that suggests that Ndwandwe had a phone, and it was not registered there. So, that has been the evidence that has been happening around Ndwandwe's defense so far. Yeah. What are you able to tell us about this evidence in chief that's now being concluded by Tinsel Mudau.
Well, Mudau also came to just verify that she was there at the station. There was no complaints that were, you know, sent to her regarding the said cell phone that the state alleges Ndansi was using. And also just saying that if that was the case, that it would have been noted and they would have been notified that there was a cell phone or this cell phone was an issue throughout. But none of that is on record. And saying that the state the main procedure for such evidence is that everything has to be recorded. It has to be recorded when Ndansi gets to the cells and it has to be recorded when investigators come in and find something that should not be there. But there is no record from the police station. However, I must emphasize I add that there is one occurrence book that the police and the the defense has been searching for that is supposed to shed light on what was going on inside those cells or who came to visit or what was confiscated. However, the only working with two occurrence books out of the three that are needed in order for the defense to just, you know, cement their case that Ndansi's phone was confiscated when he was arrested.
All right, let's see how things unfold from here on. Pel Makobane is live to us from the high court in Pretoria. Thanks very much indeed.
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