Judge Ratha Mokgoatlheng has again stamped his authority in the Senzo Meyiwa murder trial, blocking the defence from futile cross-examining a police forensics officer about matters outside his expertise.
Advocate Zithulele Nxumalo, for accused four Mthokoziseni Maphisa, was cross-examining Warrant Officer Thabo Mosia, who was the first crime scene investigator at the scene when he was gunned down at the Vosloorus home of his girlfriend, Kelly Khumalo.
He was being questioned about ballistics matters when Mokgoatlheng came down on Nxumalo during the trial, which is sitting at the Gauteng North High Court in Pretoria.
Mosia was a constable at the time of the shooting in October 2014. He was promoted to warrant officer in June 2023.
Nxumalo asked him to expand on his duties at the time of the murder, and Mosia told the court he was expected "to document the crime scene in the form of pictures and search for exhibits".
He also said he was tasked with documenting evidence in the form of photos and was expected to compile and pack the evidence and present the evidence before court.
The Meyiwa murder trial was his second high court matter, but he told the court he had testified in several matters in the regional courts.
Mosia told the court on Thursday he had only taken eight photographs of the crime scene as his camera stopped working.
On Friday, Nxumalo wanted Mosia to comment about ballistics, but Mokgoatlheng put his foot down as he said it was a futile exercise.
Nxumalo said: "You told the court the bullet might have gone through the panels of the door".
Mosia replied "Yes".
Nxumalo fired back: "Did it not occur to you that the bullet could have ricocheted in the kitchen somewhere?"
Mosia replied: "The people with expertise about firearms are the ballistic experts. They are the ones who can reconstruct the crime scene to be able to identify the position of the perpetrator and the victim".
Nxumalo objected to the answer, saying he was not answering the question, but the judge intervened firmly.
"He is very clear he does not have expertise in that field; let's just do this properly. That is why I was asking you: does it take the case any further to cross-examine the forensic gatherer like you are cross-examining a ballistic expert?
"You can cross-examine this gentleman the whole day; his evidence in the final analysis is that he is not a ballistic expert.
"If you want to continue cross-examining in that trend of ‘if it did not occur to him that it could have ricocheted’, fine, you can do so," said Mokgoatlheng.
Nxumalo stood down, telling the court he had no further questions.
"I will leave it there because I am told the ballistic expert is still coming; I have no further cross-examination," he said.
Earlier, Nxumalo and Advocate Charles Mnisi, for accused three, Mthobisi Prince Ncube, had been blocked by Mokgoatlheng from cross-examining Mosia about the evidence given to the court by Vosloorus Police Station officers Sergeant Timothy Mathebula and Sergeant Mlungisi Mthethwa, who were the first police officers to attend to the scene.
Mokgoatlheng said the defence, which was testing Mosia’s evidence against that of Mthethwa and Mathebula, did not assist the court. The judge said Mthethwa and Mathebula were not forensic experts.
"It doesn't help us. The point is, he (Mthethwa) is not a forensic expert. Does it take the matter further?" asked Mokgoatlheng.
The murder trial has been adjourned early until Monday as defence Advocate Zandile Mshololo, for accused five Fisokuhle Nkani Ntuli, was not present in court on Friday.
The five accused in the Meyiwa murder trial are Muzikawukhulelwa Sthemba Sibiya, Bongani Sandiso Ntanzi, Ncube, Maphisa, and Ntuli.
They are facing charges of murder, attempted murder, robbery with aggravating circumstances, unlawful possession of a firearm and ammunition.
Mshololo is expected to cross-examine Mosia on Monday.
IOL