The Senzo Meyiwa murder trial took a turn at the Pretoria High Court on Tuesday when advocate Zandile Mshololo tried to present evidence to support her client’s defence.
Mshololo sought to introduce evidence from Mlungisi Edward Hlophe, who alleged that Meyiwa was shot while trying to break up a fight between Zandie Khumalo, and her then-boyfriend Longwe Twala.
The prosecution objected to the admissibility of the statement, sparking a debate on the interest of justice.
During the proceedings, Mshololo questioned Khumalo about her knowledge of Hlophe, to which she responded that she did not know him.
The prosecution rejected Mshololo’s line of questioning, arguing that it constituted “hearsay evidence”.
Mshololo disagreed, and requested a brief adjournment to submit an application.
In her application, she sought to provisionally present the so-called “hearsay evidence” for Zandie to comment on.
She argued it was in the interest of justice to admit Hlophe’s statement, which allegedly mentions that Tumelo Madlala said Meyiwa was shot while trying to intervene in a fight.
The state opposed the application, asserting that the evidence should be rejected and that the witness should testify in person.
Mshololo, on the other hand, insisted that the interest of justice would not be compromised if the hearsay evidence was considered.
“The interest of justice won’t be infringed as the witness will come and testify,” she told the courtroom.
After carefully considering the arguments, presiding judge Ratha Mokgoatlheng rejected Mshololo’s application.
Khumalo has already completed her cross-examination and re-examination by the state.
However, a delay is expected in the proceedings, as other witnesses who were present when Meyiwa was killed are currently unavailable.
They are expected to testify in the following week.
In the meantime, Khaya Ngcatshe is scheduled to take the stand as the trial continues on Tuesday.
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