The lawyers of murder suspects in the Senzo Meyiwa murder trial have told the court of their intention to file a discharge application, seeking to have the charges against their clients dropped.
This after the state closed its case, as they have no further witnesses.
The announcement was made by advocate Charles Mnisi, representing two of the accused in the case.
Move based on instructions
In a twist of events, Mnisi further stated that they have received instructions to pursue this course of action.
He said this during the latest court proceedings on Thursday.
The legal team also revealed plans to consult with the Legal Aid Board to secure funding for the application. A move that highlights the financial complexities surrounding the case.
Earlier, the court discussed the allegations of mistreatment raised by accused number five, Fisokuhle Ntuli.
Ntuli’s defence counsel, Advocate Zandile Mshololo, told the court that the order to move her client to Leeuwkop Prison.
This after he alleged that he was experiencing torture at Kgosi Mampuru II Correctional Centre.
Accused claims violation
According to Mshololo, Ntuli has been denied basic necessities such as blankets and sheets. And he has been unable to communicate with his family or legal team.
However, a Correctional Services Area Commissioner for Kgosi Mampuru prison [identified as Mr Khoza] who was in court, disputed that claim.
According to Khoza, Ntuli’s allegations are not true, as he was found with a cellphone inside his cell.
Judge Ratha Mokgoatlheng complained about the constant late starts to court.
“I am not interested about who is on the wrong and who is on the right here. I know there are fights between your members and the five gentlemen before this court. But I do not want to get involved.
Judge explains reason for allowing request
“What we want is for Mr Ntuli to come in court on time. That is why I made the order to move him,” said Mokgoatlheng.
Khoza promised that there will be no problem for the accused to come to court.
“There is also no fight between the department and the accused. We will see to it that it is done appropriately,” he said.
But Mokgoatlheng informed him to make an application if he wishes to challenge his order.
The trial is set to resume on August 7, when further developments are expected about the discharge application.
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