Tensions boiled over in the Senzo Meyiwa murder trial on Thursday when Judge Ratha Mokgoatlheng bluntly told defence advocate Charles Mnisi must shut up during a fiery exchange over disclosure of evidence.
The outburst came after defence lawyers accused state prosecutor Advocate George Baloyi of failing to share a cell register from Primrose police station that had been introduced as evidence.
“It is incorrect that we were not interested in them. We asked pertinent issues on the relevance of the register. And Mr Baloyi did not want to answer us,” Mnisi argued.
Visibly frustrated, Judge Mokgoatlheng expressed his disappointment with the conduct of the legal teams.
Judge irked by legal teams
You know what, I am shocked at the behaviour of advocates. They are behaving like children,” the judge said.
“We are also shocked, my lord. It is not only the court that is shocked,” Mnisi replied.
“You shut up, you shut up. I am making the remarks,” Judge Mokgoatlheng fired back.
“Thank you, my lord. I will shut up, yes,” Mnisi said.
“One advocate says I showed them and nobody was interested. Others say ‘no, he never showed us, we asked questions and you are all court officers’,” the judge continued.
Earlier, defence advocate Sipho Ramosepele raised concerns about an apparent contradiction in the state’s version of events surrounding a red VW Golf allegedly driven by Sergeant Batho Mogola.
Focus on the red vehicle
Ramosepele pointed out that Baloyi had put it to witness Sifiso Gwabini Zungu that the vehicle was involved in an accident on June 4 2020. And therefore it could not have been used during Zungu’s arrest.
However, during testimony, Brigadier Bongani Ginindza told the court that Sergeant Mogola usually used the same red VW Golf to transport accused number one to Tembisa court.
“So that proposition that the vehicle was damaged cannot be true,” Ramosepele argued.
Baloyi responded that the evidence should be considered in context.
“It could mean that the brigadier is saying that it is the car that is usually driven by her. But we will have a look at it; the record will speak for itself,” Baloyi said.
Moments later, another objection came in when Baloyi referred to a statement that he said was made by Zungu. In it an address at N6/3 Block N, Basotho hostel, was recorded.
“Objection! The state cannot say that statement belongs to that witness. The state has got to prove that statement before it starts to cross-examine on the content of that statement,” Mnisi interjected.
But Baloyi said Zungu himself had admitted a statement was taken. And also that he had been asked to write down what accused number one had said.
“The defence has cross-examined witnesses on statements of other witnesses, a number of witnesses. We are surprised that they are raising this point,” Baloyi replied.
