The Senzo Meyiwa murder trial, which has been delayed since Friday, has been postponed again and is likely to resume on Monday.
The court heard during a brief session at the Pretoria High Court on Thursday that the state only furnished the defence with some of the required documents late on Wednesday.
This left the defence with little to no time to prepare thoroughly for the proceedings and to consult with the accused.
Mshololo decries delays
Addressing the court, advocate Zandile Mshololo decried the delays, stating that this constitutes “a trial by ambush”.
“The e-mail was sent last night at around 11pm, and I was not told not to sleep and wait for that e-mail. This is a trial by ambush,” said Mshololo.
“Yesterday, I had the whole day to consult with my client on all the documents the state is preparing or anticipating to use; however, the documents were not supplied.”
Mshololo claimed that the state still needed more time to investigate the matter, adding that the state is being dishonest.
“The state is not honest with this court. The state is not telling this court the truth; they still need time to investigate and compile all the necessary records that are supposed to be supplied to the defence.”
The trial remains in limbo pending the defence’s request for crucial bank and cellphone records.
Banking records
On Monday this week, the proceedings were adjourned early at the request of the defence, pending the state’s submission of bank records and further particulars related to cellphone number records.
Presiding judge Ratha Mokgoatlheng granted time for the state to furnish the defence with the records and instructed all parties to reconvene on Tuesday to set a trial continuation date, conditional upon the defence’s review.
During a brief session on Tuesday, the state informed the judge that it had supplied the defence with the required bank records from Standard Bank and Absa.
This was in addition to previously provided records from Nedbank.
However, state prosecutor advocate George Baloyi disclosed that additional records were forthcoming, as some hardcopy records still required sorting.
Despite the state’s efforts, defence advocate Thulani Mngomezulu voiced discontent, alleging unfair treatment towards the accused.
Right to a fair trial
Mngomezulu lamented that such delays compromised the accused’s right to a fair trial.
“Today is the 30th of April, and the state is still furnishing the defence with further particulars,” said Mngomezulu.
“I would submit with respect, my lord, that this amounts to an unfair trial for the accused.”
He also expressed dissatisfaction with the incompleteness of the records received, emphasising their significance in proving the state’s case.
Other defence lawyers echoed his concerns, stressing the importance of thorough evidence collection.
“Those [records] are relevant in proving the state’s case beyond reasonable doubt,” he stated.
