Accused number five in the murder trial of Senzo Meyiwa is not being given a fair trial, advocate Zandile Mshololo told the high court in Pretoria on Tuesday and asked for late Brigadier Ndlovu’s statement to be read in court.
Presiding judge Maumela Baloyi agreed to Mshololo’s request and said not allowing Ndlovu’s statement to be read will cause harm to the justice system. “It is my view that allowing the reading of this statement in court would be in the interest of justice,” he said.
The commissioner who deposed the statement will also be called to confirm its authenticity. Ndlovu is believed to have called forensic officer Thabo Mosia, the current state witness on the stand, and asked him to attend to the scene where Meyiwa had been shot and killed.
Mosia previously told the court that he took all the instructions from Ndlovu. After Ndlovu’s statement has been read in court, Mshololo will then get a chance to cross-examine Mosia.
Hearsay evidence, the court ruled on Tuesday, will also be allowed. This is in regards to the controversial second docket that puts the blame for Meyiwa’s murder at the door of those who were inside the house.
Meyiwa was gunned down while visiting the home of his girlfriend Kelly Khumalo in Vosloorus, east of Johannesburg on October 26 2014. Inside the house at the time of his death were Kelly’s mother Gladness, her sister Zandi, and Longwe Twala, the son of music producer and businessman Sello “Chicco” Twala, among others.
Muzikawukhulelwa Sibiya‚ Bongani Sandiso Ntanzi‚ Mthobisi Prince Ncube‚ Mthokoziseni Ziphozonke Maphisa and Fisokuhle Nkani Ntuli are on trial for the murder and have pleaded not guilty to the crime.
The trial resumes on Wednesday.
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