The controversial second docket in the Senzo Meyiwa murder trial has no merit, the Pretoria High Court heard on Monday.
The court also heard that the director of public prosecutions (DPP) in the South Gauteng division never made a decision to charge the people who were at Kelly Khumalo’s mother’s house in Vosloorus, east of Johannesburg, where Meyiwa was shot dead on October 26 2014.
According to the National Prosecuting Authority (NPA), the docket was an internal opinion by a junior advocate and the DPP maintains that the docket does not have any status.
“The alleged documents did not have any status, as such was an internal opinion from a junior state advocate which was without merit,” according to a letter from the NPA that was read out in court.
The state prosecutor alleged that Zandile Mshololo knew about the docket as the court also knew about it. However, Mshololo argued that she was not present during the exchange of the document and therefore was not aware there was a second docket.
Said Mshololo: “My Lord I was not present during the exchange of the docket … Now the state is lying that I knew about the existence of the second docket. To say I knew about its existence, does it mean I was given the docket?
“Now the prosecutor [George Baloyi] is shifting the blame to me as if it was given to me my Lord. I have no reason to lie to this court if the docket was given to me. There are particulars not contained in this docket … it has been sifted.
“They are particulars I need to clarify with the state my Lord. Therefore I move that we adjourn.”
According to Mshololo, the trial is being delayed as a result of the state’s “non-disclosure”. Mshololo, who is the defence lawyer for accused number five, had also asked for a postponement on Wednesday last week in order to study in detail the second controversial docket.
This after the court heard that the docket was initially only disclosed to advocate Malesela Teffo, who represents four of the five accused.
Mshololo told the court that she needed clarity on the existence of the two dockets in one trial, as they name different suspects and charges.
“The non-disclosure of such documents to accused [number] five violated his rights to be given further particulars, all the information in possession of the state, to be able to prepare for his defence. I cannot make submissions until I talk to the author of this document,” said Mshololo.
She added that it is unfair that the accused were made to plead while the defence was not in possession of such crucial information.
“I cannot proceed without receiving a confirmation by way of a letter. I do not need witnesses here in this court. I need a letter from the DPP confirming the status quo of the document that is before this court, then I’ll be able to move forward.”
Also read: Senzo Meyiwa murder trial resumes after postponement
Controversial second docket brings Meyiwa’s murder trial to a halt
Khumalo’s lawyer wants access to mystery Meyiwa murder docket
Teffo questions second docket in Meyiwa’s murder trial
Follow @SundayWorldZA on Twitter and @sundayworldza on Instagram, or like our Facebook Page, Sunday World, by clicking here for the latest breaking news in South Africa. To Subscribe to Sunday World, click here.
