SAPS forensic analyst told the North Pretoria high court that accused one, four and five couldn't be linked to DNA evidence collected from Kelly Khkmalo's home after Senzo Meyiwa was killed.
The state called Captain Mmampshedi Masetla, who is a DNA expert and a forensic analyst. Giving his testimony, he said he is responsible for analysing DNA results and interpreting the results and does a DNA comparison. He told the court that in a case like the Senzo Meyiwa's murder, he will have DNA from the exhibits, the scene and from the reference samples (samples taken from suspects). Masetla went through the results of tests that were done on exhibits in this case- from the scene and samples from the accused. "There were two swabs from the right and left hand, they were taken from Meyiwa, the DNA I got from there match the reference samples of the deceased. The door handle swab (room 1) is touch DNA. The results matched a G. Khumalo. The 2nd swab from another door handle also matched a G.Khumalo." he said. He also added that there was a blood swab taken from the TV stand and it matched Meyiwa. "On the blood swab from the kitchen wall tile, there was not enough DNA- meaning they could not get a profile- it was too small to compare it to anything. Another blood swab from the kitchen matched that of Meyiwa. Swab 7 was taken from the toilet handle; I got a female DNA but it didn't match any of the females from the reference samples. Swab 8 is also a toilet handle swab, and it matched a G.Khumalo," he said.
Masetla added, "Then there is a scotch hat, the results exclude the suspects. Mthokosizi Twala is excluded from all the samples, Kelly Khumalo is also excluded from all the samples, Tumelo Madlala also excluded from all the samples, Longwe Twala is also excluded from all the samples. Zandile Khumalo is included from the Smirnoff can," he said, adding that three of the accused had not been linked to the scene of crime through DNA evidence. Mthokosizi Maphisa (accused 4) is excluded from all the swabs. Fisokuhle Ntuli (accused 5) is also excluded from all the samples, Muzikawukhalelwa Sibiya (accused 1) is also excluded from all samples.
Ntuli and Mncube's defence said the court is being prejudice to their clients because the state wants to introduce new evidence and a witness when they haven't been furnished with outstanding documents from a network provider Vodacom. The state called Sergeant Vusimuzi Mogane to testify on cellphone data downloaded from Ntanzi and Ntuli's cellphones. Advocate Zandile Mshololo, for accused five, objected to this claiming that her client is being prejudiced because the state is not disclosing all evidence or statements so she can consult and prepare her client's defence in accordance with the cellphone that was confiscated that allegedly belongs to her client. Mshololo demanded that she be furnished with the outstanding statement from Vodacom so that she can prepare her defence. Advocate Mnisi, for Mncube, told the court that his client is also being prejudiced because of the state. "As things are now, we are expecting new evidence, the state must be open. Are we expecting yet another surprise in this investigation that is still ongoing? The fair trial the accused should be enjoying is not happening." In his defence Advocate George Baloyi said the state has been open and clear. He said the court could proceed with another witness who came to testify based on the DNA evidence.