After a two-month delay, the defence’s lack of readiness to begin cross-examination has caused the murder trial of former Bafana Bafana keeper Senzo Meyiwa to be postponed once more.
All five of the case’s accused arrived at the courtroom on Monday morning, but they were forced to leave early to give other counsel more time to get ready.
The court was advised by advocate Zithulele Nxumalo that he is filling in for advocate Zandile Mshololo, who is occupied with an urgent application.
Mshololo will not be available for the remainder of the week, according to Nxumalo.
Judge Ratha Mokgoatlheng expressed concern about the arrangement, saying double booking is not allowed.
Mnisi not ready to cross-examine
Advocate Charles Mnisi, who was supposed to start cross-examination for accused number one, told Mokgoatlheng that he did everything he could and that his life came to a halt, but he was not ready.
“I am not ready. I request a further postponement,” Mnisi said.
“My life came to a standstill. I had to run the Two Oceans Marathon but had to forfeit my registration. The state confirmed that the work I had to cover was over 40 000 pages.”
Mokgoatlheng said the court is surprised by Mnisi’s unreadiness to cross-examine because he was a part of the case when the matter started under Judge Tshifhiwa Maumela.
“Mr Mnisi, this is an abuse of the system,” Mokgoatlheng said.
“You can’t abuse the system and then rely on the fact that the constitution says you have a right to a fair trial. Even the JP [judge president] fought with me.
“He [the judge president] asked how I could give someone two months to prepare an ordinary murder case. There is nothing mysterious about murder.”
Advocate threatens to withdraw
Advocate George Baloyi, the state prosecutor, defended Mnisi by stating that he can attest to Mnisi’s diligence.
“In a matter where counsel passes away, delays will happen. It would be of no use for the state to oppose the postponement,” Baloyi said.
Mokgoatlheng warned that he was granting the last postponement. “If you’re not ready, then your client will have to accede to that,” he said.
Mnisi responded that he would withdraw from representing the accused if the court ordered him to appear in court unprepared.
“That’s fine. You will tell us that on Tuesday,” Mokgoatlheng replied.
