The high court in Pretoria has ruled in favour of the state to stop Rivers of Living Waters church leader Bishop Stephen Zondo from cross-examining a witness based on an unofficial transcript containing evidence she gave at the CRL Rights Commission last year.
State advocate, Jennifer Cronje argued the commission’s process was independent.
“What happened in the commission should not be allowed to creep into this criminal charge and that is why the state is submitting that, my lord, should not allow cross-examination on what was said at the commission.”
Cronje further said that this would constitute unfairness to the witnesses.
“These witnesses were not legally represented at the commission that explained to them that you mustn’t testify, you mustn’t implicate yourself. So, these witnesses go to the commission bonafide and now, in a subsequent criminal trial, their words are twisted in such a way and are used against them.”
In his ruling, Judge Papi Mosopa found it was not in the interest of justice to allow the witness to be questioned on an unofficially translated transcript. It also fails to indicate whether the evidence was given under oath.
The 46-year-old woman, who accuses Zondo of raping her on three occasions 40 years ago, will now continue facing cross-examination.
The 55-year-old pastor is facing eight charges of rape, one of indecent assault and one of defeating the ends of justice.
VIDEO: Leader of Rivers of Living Waters Church, Stephen Zondo rape trial continues:
The third day of the trial kicked off with the state raising concerns over comments from the public gallery while the witness was testifying.
Cronje said this intimidated her.
The defence has failed to obtain official transcripts from the commission.
Advocate Piet Pistorius argued that witnesses testified under oath at the commission, and wanted the transcript to be admitted before court.
“A witness can go to the commission and go under oath and make very risky and damaging reputational accusations, like in this instance about my client. And go and spread it into the world (as to) what sort of person he is and what a rapist he is and so forth. This witness even said my client is a murderer under oath. Now, they hide behind the commission and say you can’t use that because you know how it will affect our credibility.”
Judge Mosopa granted the state the objection. He found the transcript failed to indicate whether the evidence was given under oath and was also not certified.
Advocate Pistorius relied on the transcript to cross-examine the witness on discrepancies regarding the time of the alleged incidents.
She earlier testified she was not sure whether they took place in 1980 or 81.
Cross-examination will continue on Thursday.
