“In addition to viva voce [word of mouth] evidence‚ the court must also use the documentary evidence. Does the documentary evidence support the version of the accused?” Judge Cassim Moosa asked Elna Moolman for Khoza.
“I have to concede that it does not support the version of the accused‚” Moolman replied in the South Gauteng High Court.
The evidence being referred to was cellphone records of Khoza‚ Macumbe and Kgomotso Masemola‚ who was dating Khoza at the time.
According to Khoza‚ Masemola murdered Macumbe in a fit of rage after finding her at his home in Troyeville on October 17 2015. He claimed to have later assisted Masemola in cleaning up the murder scene and burning their bloodied clothes. Khoza claimed his friend‚ Nkosinathi‚ helped him get rid of the vehicle which had the body in it.
Khoza had testified that he and Macumbe had planned to go on a date that day. He borrowed her vehicle‚ left her at his house and went to drop off nappies for his daughter at Masemola’s residence in Soweto at around 1pm on the day of the murder.
At this time‚ Macumbe had left her cellphone in the vehicle.
He claimed to have returned with Masemola to his home after she insisted that she wanted to retrieve her clothes from his home.
Khoza claimed Masemola followed him into the house as he went to get the clothes and a fight broke out between her and Macumbe. Masemola then stabbed Macumbe 38 times‚ killing her.
Khoza’s said they hid the body in the house‚ went to the Johannesburg CBD to get Macumbe’s Samsung phone unlocked and wiped‚ before heading to Eastgate to get formula and then he dropped Masemola off at her house in Orlando Soweto.
Masemola’s cellphone records‚ however‚ show that she only left her home after 3pm and was nowhere near Troyeville between 1pm‚ when the murder was suspected to have taken place.
Macumbe’s cellphone records also show that her phone was also still in Troyeville at around 1pm.
“If the accuseds’ version is to be accepted‚ he was given permission to use the deceased’s vehicle. The cellphone of the deceased was in the motor vehicle so that cellphone would have moved from Troyeville to Soweto.
“One would have expected the documentary evidence before the court to indicate that the cellphone of the deceased moved before 1pm and was in the Troyeville area. It would have moved to where Kgomotso was‚ back to the city and then back to the Troyeville area‚” said the judge.
Meanwhile‚ Macumbe’s cellphone was found in possession of Masemola.
She claimed to have been given the cellphone by Khoza.
Macumbe’s family had arrived in court‚ dressed in t-shirts depicting Mary-Lee.
Her mother broke down outside court when she heard that the matter would be postponed for another week before judgment would be given.
– TMG Digital