The defence in the Senzo Meyiwa murder trial has confirmed they will be contesting the admissibility of the recording of the alleged confession the state says is of accused 2, Bongani Ntanzi.
The damning recording is said to contain a confession in which Ntanzi is believed to detail the alleged conspiracy to the murder of former Bafana Bafana star Senzo Meyiwa, the parties involved in the commission of the crime as well as the mastermind behind the crime.
The court is back in session.
The defense confirms they have listened to the pro forma evidence on the recording as well as the rest of the confession. #SABCNews #SenzoMeyiwatrial #SenzoMeyiwa
— Sipho King K Kekana (@KingKAzania) October 18, 2023
The arguments in this regard are expected to be heard when the trial resumes tomorrow.
Following a four-hour adjournment, during which the defence were locked up in court with their clients listening to the recording and consulting with their clients, proceedings resumed immediately after 15h00.
“My lord, I confirm that we have listened to the pro forma evidence on that recording and the rest of the recording,” says Adv Sipho Ramosepele.
All legal representatives of the five accused echoed Ramosepele’s statements, however, unanimously telling the court that they have not consented to the admissibility of the evidence which the state has submitted to the court that it should be admitted as evidential material in the trial within a trial.
“We have not consented to the admissibility of this evidence,” says Adv Zandile Mshololo.
Throughout the afternoon proceedings, there was palpable tension among the five accused sitting in the dock, displaying solemn faces, with only accused 4 and 5 inaudibly talking to each other behind the cover of their hands in front of the mouths.
Ntanzi stared at the judge and his legal counsel, punctuated with a drop of his head to stare down.
The tallest of the accused, who was previously pointed out by the witnesses who were in the house when Meyiwa was shot and killed, was arrested on the 16th of June 2020 and eight days later appeared before Magistrate Vivian Cronje at the Boksburg Magistrate’s Court where the recording, according to Cronje, was made.
Cronje on Tuesday told the court that Ntanzi had appeared calm, relaxed and had maintained eye contact when he made the confession, saying at one stage Ntanzi had made a request to call his family to bring him clothes to change as well as to speak to his child.
Ntanzi’s confession is the second to be heard by the court after it also heard of a confession by accused 1, Muzi Sibiya – the admissibility of which is also challenged by the defence.
Advocate Thulani Mngomezulu’s attempt to have the court start later than the usual time on Thursday came a cropper when the judge declined it.
Mngomezulu, who’s representing accused 1 and 2 together with Adv Ramosepele, had told the court that he would arrive late on Thursday because he had another matter to attend to in the High Court in Johannesburg.
The judge turned this request down saying he would personally call the judge hearing the matter to ask for its postponement to allow Mngomezulu to be in Pretoria at 10 am tomorrow, also questioning why the Meyiwa trial should be delayed by his absence when his co-legal counsel, Ramosepele, was in court.
Mngomezulu says he has another matter to attend to in the morning.
Judge: But Mr Ramosepele is here. I thought you were both representing accused 1 and 2.
Ramosepele: Yes, my lord, I’ll consult with Mr Mngomezulu.#SABCNews #SenzoMeyiwaTrial #SenzoMeyiwa
— Sipho King K Kekana (@KingKAzania) October 18, 2023
Court will resume on Thursday when it will hear arguments on the admissibility of the recording of the alleged confession, during which the defence will challenge its authenticity among other things, before the judge rules on.
Magistrate Vivian Cronje will also be on standby to be cross-examined by the defense on the taking down of the confession, which she has told the court she did so in the presence of Ntanzi’s legal representative.
Court adjourned early on Tuesday to allow the defence an opportunity to listen to the 24 June 2020, “unofficial” recording Cronje during Ntanzi’s confession.
However, as proceedings resumed on Wednesday morning, the state submitted they were now intending to have the recording included as part of the evidential material in court.
The defence didn’t take kindly to that.
“Firstly, we were told it was for official use; secondly, we were told that the state had not intended not to use it. In this case, it was apparent that the evidence of the magistrate had to be tested. Proir to the testing then comes an evidence that requires an expert,” says Advocate Thulani Mngomezulu for accused 1, Muzi Sibiya and Ntanzi, urging the court not to allow the state’s submission as it as not in line with the “principles of justice and fairness” and the right to a fair trial.
Mngomezulu argued that since the state had mentioned that they would not use the recording they had opted not to listen to the recording, while Adv Zandile Mshololo told the court she had listened to the recording alone without her client, accused 5, Fiskokuhle Ntuli and had not taken instructions from him.
“In view of the fact that the state was not going to use it, I opted I was not going to listen to it. This morning, as the state approached us, they had the time to research the law. The defence was not given time. I would request the court to suspend the submission made by the state,” says Mngomezulu.
Judge Ratha Mokgoatlheng ruled in favour of the state on the use of the recording, stating that Cronje was not at the Boksburg Magistrate’s Court on her personal capacity when she took down the confession statement and made the recording.
The trial will continue on Thursday morning.
