The Senzo Meyiwa murder trial at the Pretoria High Court hit another snag on Monday when it was postponed to Tuesday.
The postponement was to allow time for accused number one Muzikawukhulelwa Sibiya, and accused number two Bongani Ntanzi, to consult with their newly appointed advocate.
Attorney Sipho Ramosepele told the court that advocate Thulani Mngomezulu will take over the duties of dealing with evidence in relation to aspects discussed since the start of a trial within a trial on Friday.
This is in relation to confession statements allegedly made by Sibiya and Ntanzi.
Mngomezulu told the court that he would be ready for the proceedings from Tuesday, as he still needed time to consult with his clients.
“I requested that I am ready to proceed as of tomorrow as arranged in relation to the evidence of the magistrate,” said Mngomezulu.
“I was going to bring in an application for the recalling of Colonel [Mhlanganyelwa] Mbotho and Sergeant [Thapelo] Monareng on the instructions I got from accused [number] one.
“I request the court that I need to consult with both accused number one and two, and request the court to make an order that I be given some few hours to consult with them.”
The court agreed.
Judge Ratha Mokgoatlheng said the state would need to have Mbotho and Monareng on standby as the new attorney is allowed to call them back on the stand.
Mbotho testified on Friday that he was indeed the officer that officially took the confession statement from Sibiya.
Accused made statement in absence of lawyer
He told the court that the accused made the statement in the absence of a lawyer and that the session was not recorded.
He disputed claims that Sibiya was brutalised before his arrival at the Diepkloof police station, and that he also had a hand in forcing him to sign the statement under threats that the violence would continue if he did not.
Mbotho told the court that he arrived at the police station before the accused, claiming it impossible that he arrived while Sibiya was being brutalised.
He said as a justice of peace, Sibiya should have notified him during an interview if he faced any abuse or threats from the police.
Monareng testified that he was part of the team ordered by the investigating officer, Colonel Bongani Gininda, to transport Sibiya to the Diepkloof police station.
He denied meeting prior to their trip to the police station. This despite Ramosepele highlighting that Sibiya claimed Monareng was part of a team that arrested him.
He said the same team took him to a building in Lethabong in Thembisa where a plastic bag was put over his face, pulled and tightened in an attempt to suffocate him.
