NEWS

SENZO MEYIWA TRIAL
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November 10, 2023

Judge Mokgoatlheng dismisses the defence's application to have medical report rejected as evidence

Judge Ratha Mokgoatlheng dismissed the defence's application

Judge Ratha Mokgoatlheng has ruled that a dentist report from accused number two Bongani Ntanzi's hospital visit to determine if he had a gold tooth be admitted as evidence in the Senzo Meyiwa trial. The Pretoria High Court heard yesterday that the police took Ntanzi to a dentist to check if he had a gold tooth as witnesses claimed one of the intruders at the Kelly Khumalo home in Vosloorus where Senzo Meyiwa was murdered had one.


WHY NOT


The dental report from June 2020 was submitted as evidence by Ntanzi's defence on Wednesday in order to corroborate dates with what was written in the accused's statement. The state used the contents of the report to cross-examine one of the investigators, sergeant Vusimuzi Mogane, but the defence was opposing this. Advocate George Baloyi then reminded the court that it was the defence that submitted the document. "Yes, in fact, they handed it over when they said the accused had not appeared before a court on the 22nd of June and submitted the document to show that he had been to a dentist."


ADMISSiBLE EVIDENCE


Mngomezulu emphasised that they handed in the report for one purpose only, which was to verify the dates of the dentist's visit. "We never agreed with the state to use the contents of that document. That is just a copy and not the original. A copy cannot be used as evidence. The witness has no medical background and cannot testify on the contents," said Mngomezulu. Judge Mokgoatlheng was against the defence's notion and said: "So you are saying this court can only peruse part of it (the date) and the other details should not be looked at? All this comes now. You never said that when you were cross-examining the witness. But the application, Mr Mngomezulu, is not acceded to, it is dismissed, but having said that, you and your colleague, can call any witness you want, but the application to exclude this evidence which was formally tendered in this court is refused," Mokgoathleng said. The trial continues this morning.

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