Accused number five in the Senzo Meyiwa murder trial, Fisokuhle Ntuli, told the Pretoria High Court on Thursday that he had been assaulted by prison wardens who refused to let him speak with his lawyer.
The allegations and his ill health led to the postponement of the trial to Friday.
Ntuli, who arrived late to court wearing an orange prison uniform, appeared visibly disturbed.
His stand-in lawyer, Advocate Zithulele Nxumalo, appearing in place of Advocate Zandile Mshololo, informed the court that Ntuli wished to see a doctor.
Some of the wardens present in court
The court heard that Ntuli was allegedly assaulted by five wardens. Three of them were present in court, while two were not.
The incident reportedly occurred after wardens denied him access to speak to Advocate Mshololo. He in return, refused to leave his cell for his court appearance.
Judge Ratha Mokgoatlheng expressed frustration over Ntuli’s appearance in prison attire. He questioned why he was not dressed in civilian clothes.
“There’s another problem — this gentleman is in prison clothes. What do you think?” he asked the state.
“It’s not allowed,” replied State Prosecutor Advocate George Baloyi.
“That’s the point!” Mokgoatlheng responded.
Judge questions prison uniform in court
“A colleague of mine once wrote a judgment stating that even if an accused person is serving a sentence, he has the right to appear in civilian clothes. There could be a perception about the demeanour of his clothing that might influence the court when it arrives at a decision.”
Judge Mokgoatlheng emphasised that his decision to postpone the proceedings was based solely on this principle.
“It’s for that reason, and that reason only, that I am postponing this matter. Not for other things,” he said.
He also noted the inconvenience caused by the delay. This as Advocate Charles Mnisi had arranged for a witness to travel from KwaZulu-Natal.
“This court made an order that the Legal Aid Board must pay for the boarding, lodging, and transportation of that person. When you postpone a matter on these frivolous reasons, it impacts the business of this court and the availability of Mr Zungu [Absolom],” the judge said.
In conclusion, Judge Mokgoatlheng granted an order allowing Ntuli to be taken to hospital for medical attention.
The trial will resume on Friday.
