One of the five accused in the Senzo Meyiwa murder trial has previously been convicted for being in possession of the firearm that killed the former Bafana Bafana goalkeeper, the High Court in Pretoria heard on Wednesday morning.
Accused three, Mthobisi Prince Ncube, has told the court that in July 2017, he was convicted of unlawful possession of the same firearm in the High Court in Johannesburg.
His defence, advocate Charles Mnisi, made an application before Judge Ratha Mokgoatlheng, to amend his not guilty plea to not guilty with the legal principle of Autrefois Convict. This legal principle states that an accused has already been convicted on the same offence.
Essentially, Mnisi wants the court to declare evidence led in relation to the CZ pistol that was found in Ncube’s house when he was arrested to be declared, unlawful, invalid and unconstitutional.
The same pistol is believed to have murdered the former Orlando Pirates goalkeeper.
“There are new developments in respect of Mr Ncube, relating to count 4, unlawful possession of firearm,” Mnisi said to the court.
“Over and above the plea of not guilty, we are amending our plea to add the plea of Autrefois Convict,” he said.
“He was charged and convicted related to the same firearm at the Johannesburg High Court in 2017.”
Mokgoatlheng said he wanted the full particulars of Ncube’s conviction and sentence.
“The court has to know whether he was charged and was there a trial and what was the outcome of the trial. You can't be charged twice for the same offence,” he said.
The court has previously heard from police officers that a firearm found in the possession of Ncube in February 2015, almost three months after Meyiwa’s murder, had it's serial number filed off.
The court heard that the firearm belonged to a Fidelity security guard from Centurion.
The firearm was found in Ncube’s rented room by Sergeant Mandla Masondo and Sergeant Mlungisi Mthethwa when they arrested.
The officers told the court they had no search warrant when they searched Ncube’s room, whom at the time had been wanted for another unrelated Alexandra matter.
State advocate George Baloyi submitted that Ncube's conviction be dealt with at the end of the trial, but Mokgoatlheng said he had to know immediately as he could not allow evidence to be led of an accused on a particular charge which he may already be convicted for.
“That is why the case is required to prove previous convictions. According to Mr Mnisi, the accused has a previous conviction,” said Mokgoatlheng.
Mokgoatlheng explained that Mnisi’s application wanted to deem certain evidence related to the gun as unlawful, invalid and unconstitutional.
Baloyi said the State would “aver that the firearm is being connected with the bullet point to indicate that the accused was in possession of the firearm and the bullet point of the CZ firearm” when Meyiwa was gunned down in Vosloorus.
Baloyi said the evidence being led by the State was not related to the Alexandra or Vosloorus dockets.
Mokgoatlheng ruled he would allow the evidence.
He also reminded Mnisi of a previous submission he had made in court.
“You remember concerning the CZ firearm what you said. This one is very critical. You said: ‘My client will say he has nothing to do with this firearm”, said Mokgoatlheng.
Mnisi replied: “Yes, that was in relation with this case”.
Mokgoatlheng responded: “Let's leave it at that”.
The five accused in the Meyiwa murder trial are Muzikawukhulelwa Sthemba Sibiya, Bongani Sandiso Ntanzi, Ncube, Mthokoziseni Ziphozonke Maphisa, and Fisokuhle Nkani Ntuli.
They are facing charges of murder, attempted murder, robbery with aggravating circumstances, unlawful possession of a firearm and ammunition.
The trial continues with testimony from Vosloorus police station officer Timothy Mathebula.
IOL