A missing witness and preliminary cellphone tracing have raised questions about whether the state can prove the allegation that Mduduzi Trevor Mnisi was the last person to be seen with murder victim Likhona Fose before her death.
A single witness told police that Mnisi was seen with the 14-year-old in Durban Deep, Roodepoort, shortly before her murder. Fose's mutilated body was found in the bushes near her home on June 1, a day after she had gone missing.
During his bail application, Mnisi, who lived nearby, denied he was anywhere near Fose and the crime scene that weekend. He told the Roodepoort magistrate's court he was more than 65km away, in Daveyton and Kagiso, visiting friends and his girlfriend.
He asked law enforcement to interview his girlfriend and pull his cellphone records.
On Wednesday the detective in the case, Sgt Moses Semosa, told the court the witness whose statement linked Mnisi to Fose is now unco-operative. She was asked to meet the state prosecutor but did not arrive for the meeting. They have since struggled to get hold of her, Semosa said.
Since Mnisi's presentation of his alibi to court, the policeman said he tracked the movements of Mnisi's cellphone on the day of the murder.
These showed the phone was in Daveyton around 4.55pm on May 31. The device relocated to Matholesville in the Roodepoort area and to Kagiso around 8pm on the same evening.
The missing witness had said in her statement she saw Fose with Mnisi at 4pm that day. They had entered his house together. He came out a while later and returned with two bunny chows. She did not see Fose exit the home.
Semosa said he had sourced CCTV footage to ascertain the movements of Mnisi and Fose on the weekend of her murder. This was still being analysed.
Forensic evidence on time of death has not yet been heard in court.
Mnisi was out on parole at the time of his arrest. He had served nine years in prison after being convicted for robbery with aggravating circumstances and attempted murder.
Parole officer Neo Lakaje was called to the witness box on Wednesday, where he testified Mnisi had been compliant with his parole conditions, as far as their records showed.
The conditions include that he is not allowed to leave the jurisdiction of the district without permission.
If his alibi is proved to be true, Mnisi would be in breach of the conditions for his release on parole as he did not ask for permission to go to Daveyton.
His parole was automatically revoked when he was arrested for murder. If he is subsequently acquitted, he would need to go before the parole board again.
Mnisi was granted bail of R5,000 on Wednesday. However, he remains in prison due to the issue of parole violation.
TimesLIVE
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