The trial of five men accused of the murder of former Bafana Bafana and Orlando Pirates goalkeeper Senzo Meyiwa resumed at the Pretoria High Court on Monday after one of the defence lawyers asked for a postponement last week.
Zandile Mshololo, the defence lawyer for accused number five, said the postponement would allow her to study in detail the second controversial docket that implicates Meyiwa’s then-girlfriend singer Kelly Khumalo and other people who were in the house when the shot-stopper was gunned down.
This after the court heard on Wednesday that the docket was initially only disclosed to advocate Malesela Teffo who represents four of the five men accused of killing at Khumalo’s home in Vosloorus, east of Johannesburg on October 26 2014.
Mshololo told the court that she only received the docket on Wednesday morning. According to Mshololo, forensic officer Thabo Mosia deposed an affidavit in the second docket hence the request for a postponement.
She also 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 [director of public prosecution] confirming the status quo of the document that is before this court, then I’ll be able to move forward.
“And also, in respect of the line of questioning that I need to do to this witness [Mosia], I cannot be told by the state, I cannot be told by anyone with due respect, whether I should cross-examine or not cross-examine.”
The two dockets came under scrutiny during Teffo’s cross-examination of Mosia in May, when he insisted that a different docket opened in 2019 listed seven witnesses found at the crime scene as the suspects who should be charged with murder and defeating the ends of justice.
Teffo told the court that according to the docket, Longwe Twala, Khumalo, her mother Gladness, and sister Zandi ought to have faced charges, adding that the gun that killed the Bafana Bafana star was brought to the house by Twala.
Teffo said the killer is among the people who were at the crime scene and added that it could not have been any of his clients.
He told the courtroom: “The killer and the murder weapon [were] in the house. That is the theory as I said. [Case number] 375 [which was opened in 2019] says the suspects should be the people who were in the house with the deceased that day.
Muzikawukhulelwa S’tembu Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Ziphozonke Maphisa, and Fisokuhle Ntuli are on trial for Meyiwa’s murder, which some believe was a robbery gone wrong.
Also read: 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
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