Advocate Thulani Mngomezulu has backtracked on his decision not to challenge the Automatic Vehicle Locating (AVL) report.
This is in the ongoing trial within the murder trial of Orlando Pirates star Senzo Meyiwa.
Arguments on a report of a tracking device on the car that transported accused number two, Bongani Ntanzi to make a confession, were supposed to be heard on Friday.
Heads of argument
However, on Thursday, Mngomezulu initially stated that filing the heads of arguments was unnecessary, and later reversed that decision.
He informed advocate Sipho Ramosepele that he was preparing the heads and would be ready to argue on Monday.
“At first, [Mngomezulu said] that there is no need for the heads to be filed,” Ramosepele said.
“Upon reflection and further consultations, he [said he] was of the opinion that the matter needs to be canvassed. He is going to be available on Monday to argue that matter.”
Defence accused of dilly-dallying
This exasperated the judge, who said the defence was not serious about this case.
Judge Ratha Mokgoatlheng said as he was preparing, he received information that the defence would no longer challenge the report.
He stated: “I do not come to court without preparing. [My registrar told me] that the application was not going to take place because there were no more objections. So, I also abandoned my preparations.
“It is just unfortunate that there are some persons who do not take this case seriously, it is obvious. At 8 O’clock they say it is not going to happen, at 2 O’clock they say ‘hey, I changed my mind’. It looks like we are playing Fafi (a gambling game).”
Defence lawyer takes ill
The court also heard that Mngomezulu, who was not present, was ill.
Ramosepele confirmed: “[He] called me [saying] that he is not feeling well. Therefore he is going to contact a medical practitioner today.”
The state was ready to put the AVL matter aside and proceed with another witness. However, Ramosepele asserted that the trial could not proceed in Mngomezulu’s absentia.
Mokgoatlheng concomitantly postponed the trial to Monday.
