Advocate Charles Mnisi, a defence lawyer in the trial of slain Bafana star Senzo Meyiwa, made a request to withdraw from the proceedings, claiming he is now under investigation in an alleged plot to assassinate two senior police officers involved in the case.
Mnisi said this at the Pretoria High Court on Wednesday.
State prosecutor Advocate George Baloyi opened proceedings by confirming that measures had been put in place to allow the trial to continue safely.
“Yesterday the proceedings were adjourned amid security threats. And law enforcement agencies have since taken measures to address those threats,” Baloyi told the court.
“There is an ongoing investigation regarding those threats. The necessary security measures have been put in place for this trial to continue, uninterrupted. The trial can continue today.”
Defence now subject of a probe
But before evidence could resume, Advocate Mnisi, who represents two of the five men accused of murdering Meyiwa, shocked the court with claims that members of the defence had become targets of the very investigation referenced by the state.
“Before the matter can be started with, there is something that I would like to bring to the attention of the court,” Mnisi said, addressing Judge Ratha Mokgoatlheng.
Mnisi explained that after Tuesday’s turmoil, the defence team held discussions in chambers. There, they were allegedly informed by an investigator that defence members were being monitored. And they were now considered persons of interest.
“The investigator said there were certain individuals here in court and they were monitoring them for some time. But when they wanted to approach them on Tuesday. They were no longer here and they are suspecting that the defence is the cause for their disappearance,” he said.
“He was saying that in a way that we were also a part of plotting to kill Sergeant Mogola and Brigadier Gininda. He said it in a way that we were complicit to kill the people I have mentioned.”
Claims pose threat to safety, rights
Mnisi warned the court that these allegations posed a serious threat to his own safety and rights.
“Information has it that Mr Mnisi is identified particularly as a person who has a tendency to interfere in affairs that do not concern him. And that to Mr Mnisi constitutes a very serious threat,” he said.
“Because of those threats, Mr Mnisi is not sure if he still wants to continue like he did in this case. I find it very difficult to proceed and be a part of this trial pending the outcome of the investigations as to whether those threats have got substance or what.”
Mnisi asked the court to excuse him from the trial.
“The question is, because I am a person of interest, how can I continue to represent a suspect in a particular plot to assassinate? How can a suspect proceed to represent someone who has been a suspect in a murder case?” he asked.
“Mr Mnisi has been advised that he should request the court to excuse him pending the investigation of the case. Mr Mnisi says he will not be able to apply his mind properly until the investigations have been finished.”
Request for recusal dismissed
Judge Mokgoatlheng dismissed the application immediately.
“That application cannot succeed,” he said.
“The case continues. If you want to exercise your discretion or choice you can do that. But this case will continue. If you want to go and consult a psychologist, a doctor, it is fine. But you cannot say open-handedly that you cannot continue with the case.”
The matter was postponed to Thursday.
