The lead investigator in the Senzo Meyiwa murder trial has denied police officers ever assaulted any of the accused during their investigations.
Brigadier Bongani Gininda, who is also the head of the SA Police Service's National Cold Case Unit, became the lead investigating officer in the case of murdered footballer Meyiwa in November 2018. Gininda told the North Gauteng High Court in Pretoria on Wednesday that accused one and two had never been assaulted by the police.
The court is currently in a trial-within-a-trial to determine the admissibility of alleged confessions made by Muzikawukhulelwa Sibiya and Bongani Ntanzi, two of the five accused in the October 2014 murder of the former Bafana Bafana and Orlando Pirates goalkeeper, who was gunned down at his girlfriend Kelly Khumalo's Vosloorus home during a suspected armed robbery.
Gininda, who has now completed his evidence in chief as led by State advocate George Baloyi, also told the court he had never met Magistrate Vivienne Cronje, who administered Ntanzi's confession at the Boksburg Magistrate's Court on June 24, 2020.
Another confession was administered by Lieutenant Colonel Mohale Raphadu at the Moroka police station.
Through Ntanzi's advocate Bheki Mngomezulu, the accused claimed he was assaulted and signed a bloodied confession form on the day of the confession by Magistrate Cronje.
“There was no blood,” Gininda said, saying it would be strange for a judicial officer to put their career on the line for a matter they had nothing to do with.
The defence also claimed that Gininda sat in the boot of his BMW and watched as Ntanzi was assaulted in a supposed dumping area in Orlando, Soweto, in the presence of the Raphadu.
Gininda denied this, saying he only met Raphadu on the following day to collect the confession.
Regarding Sibiya’s alleged assault at the Silverton police station on July 10, 2020, Gininda said he was aware of a complaint, but the accused had refused to make a statement and also refused to go for medical examination.
He recalled that he requested Sergeant Batho Mogola to get an affidavit from Sibiya, seek medical examination and register a case docket for the matter.
“She came back and said accused number one doesn't want to give a statement, he doesn't want to go to the doctor and he doesn't want to open a case,” Gininda testified, concluding that the claim appeared to be false as there was no evidence of it in the Occurrence Book register nor did anyone know about the alleged assault.
Gininda said once Sibiya had been transferred to a correctional facility, he went to enquire if they had picked up any injuries.
“I did not find anything about assault or injury,” he said.
“I don't think it was true. He should have said something to someone,” he said.
The officers who have been accused of assaulting the murder accused are a certain Ncamane, Mogola, the late Sergeant Mabena, the EMPD’s SWAT unit officers Constable Nkosingiphile Maphumulo and Constable Wendel Jonathan.
Gininda said to his knowledge, Sibiya claimed Silverton officers assaulted him, and not the investigating and escorting officers.
“This is a new version, I am not aware of it,” he said.
Sibiya, Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Ziphozonke Maphisa, and Fisokuhle Ntuli are standing trial for the murder of Meyiwa.
Gininda is expected to be cross-examined. The trial continues.
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