The trial of the murdered Bafana Bafana star Senzo Meyiwa has been postponed to Monday.
This after the court heard that state witness forensic police officer Thabo Mosia was not feeling well.
He had taken medication and couldn’t continue on the witness stand.
If Mosia is still unwell on Monday, a second witness would be called in the interim.
Mosia has been on the stand for cross-examination since the beginning of the week where the credibility of his work experience was placed at center stage.
The proceedings got off to a rough start on Friday after Judge Tshifiwa Maumela dismissed Advocate Malesela Teffo’s argument to have the trial stopped.
Teffo wanted the cross-examination of Mosia to be halted, calling for a trial within a trial.
He claimed the two confessions obtained from his clients, accused number one and two, were “forced after assault”.
Teffo said his clients’ rights were being violated.
Advocate Zandile Mshololo, the legal representative of the fifth accused, argued that Teffo had the chance to raise these points during his cross-examination but chose not to. She asked that she be allowed to continue with her examination.
“I don’t know how Advocate Mshololo can say she wants to continue with the cross-examination. It is a gross violation of our clients’ rights,” said Teffo.
Teffo also argued: “Case 636 wrongfully brought my clients here. Case 375 [which implicates Kelly Khumalo and the occupants in the house] opposes the presence of my clients here. Even today, we don’t know why we are in this court.”
Advocate Teffo said when his clients appeared in Boksburg Court on 26 October 2020 they were not charged and not informed why they were there.
He added that they were not even informed of their rights.
Said Teffo: “I hearby say, the continuation of cross-examination will be futile for my client.”
Judge Maumela ordered that the defence continue with cross-examination because there was no formal application in the matter that Teffo objected on.
“You are not going to tell me how to run this trial. Finish your argument,” said Maumela.
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