The Senzo Meyiwa murder trial has ground to a halt at the North Gauteng High Court in Pretoria. This follows the back-and-forth between the state and the defense over what the state has termed “inaccuracies” in the witness statements that they wanted to clarify before the state could conclude Mthokozisi Thwala’s evidence-in-chief.
Thwala has earlier this week told the court that he made more than two statements since the former Orlando Pirates goalkeeper, Senzo Meyiwa’s murder in October 2014.
According to the state, some “inaccuracies” were picked up, which warranted the witness to clarify before he could be handed to the defense for cross-examination.
Baloyi is arguing that the witness can be be asked if he’s made a previous statement which is conflict with current statement and that the witness can be asked which of the two statements is the truth and can then clarify that. The defense objects to this. #SABCNews #SenzoMeyiwa
— Sipho King K Kekana (@KingKAzania) May 4, 2023
This submission was met with strong objections by the defense who argued that the state was being pre-emptive in its approach since the witness has not made any contradictory statements “here in court” which would warrant the state to seek clarity on.
The defense is arguing the witness hasn’t yet presented any contradictory evidence “here in court” to warrant the state to want to set the record straight on statement inconsistencies.
The defense says the state should do that during re-examination.#sabcnews #SenzoMeyiwatrial
— Sipho King K Kekana (@KingKAzania) May 4, 2023
The defense has accused the state of seeking to cross-examine its own witness, while the state has said they merely wanted to support the credibility of the witness as allowed in law.
Objection
Adv Ramosepele: The state cannot cross-examine its own witness. They can only lead evidence.
Judge: Did he see they want to cross-examine?
Ramosepele: He says there are inconsistencies and that should be left to cross-examination. #SABCNews #SenzoMeyiwatrial
— Sipho King K Kekana (@KingKAzania) May 4, 2023
Earlier, Thwala told the court about how he opened a case against the police after he, according to his evidence on Wednesday, was tortured by two men throughout the night by two men in the controversial docket Vosloorus Cas 375/1/2019.
He says the matter was referred to the Independent Police Investigative Directorate but has no idea what happened to the case since then.
Other than opening a case against the police, there’s nothing else I did. Also, the fact that Buthelezi knew about this and never apologized, the only thing I could do was to open a case. #SABCNews #SenzoMeyiwatrial #SenzoMeyiwa
— Sipho King K Kekana (@KingKAzania) May 4, 2023
After a long back-and-forth the matter was stood down to allow parties to go through Section 190 of the Criminal Procedure Act and gather their arguments.
The state is arguing that based on Section 190 of the Criminal Procedures Act, they’re allowed to clarify “inaccuracies” they have picked up in Thwala’s statements, during evidence-in-chief before they hand him over to defense for cross-examination. #SABCNews #SenzoMeyiwatrial pic.twitter.com/1DL2a5wCuH
— Sipho King K Kekana (@KingKAzania) May 4, 2023
The defense is expected to hold on to its pre-lunch adjournment objections.
Defense will, after the long adjournment, argue that the section the state is reffering to refers to “where a party is left in a lurch by its own witness” and that “a party may not attack the credibility of its own witness” unless declared hostile by court. #SABCNews #SenzoMeyiwa pic.twitter.com/8Sd9T7RPhV
— Sipho King K Kekana (@KingKAzania) May 4, 2023
