Counsel for the fifth accused in the Senzo Meyiwa murder trial, Advocate Zandile Mshololo, wants the court to note on the record that her client, Fisokuhle Ntuli, was prejudiced by the prosecution.
The Senzo Meyiwa murder trial is under way in the High Court in Pretoria, on Monday.
Senzo Meyiwa murder trial: 05 September 2022
The alleged irregularities relate to the State’s non-disclosure of the second docket, Cas 375/1/2019, which was only disclosed after the commencement of the trial.
Counsel for accused No.: 5 in the #SenzoMeyiwatrial is expected to kick off proceedings with an application for a special entry regarding “irregularities” in respect of their client. This follows the state’s non-disclosure of the second docket in the murder case. #SABCNews pic.twitter.com/MfXH042D8N
— Sipho King K Kekana (@KingKAzania) September 5, 2022
The defense is expected to argue that the non-disclosure of the document prejudiced their client, who could have objected to the charge had he been aware of the particulars contained in the second docket.
The controversial Cas 375/1/2019, which brought matters to a halt two months ago, has its own set of suspects in the Meyiwa murder case, with the same set of facts.
According to the docket, Vosloorus 375/01/2019, opened only almost five years after the incident, Longwe Twala, Kelly Khumalo, Gladness Khumalo, Zandi Khumalo, Tumelo Madlala, Mthokozisi Thwala, and Maggie Phiri should be charged with defeating the ends of justice and says nothing about the murder charge.
According to the first docket, which led to the arrest and charging of the five people currently being tried in court, the intruders demanded money and cellphones before a scuffle ensued – leading to one of the intruders fatally shooting the former Orlando Pirates goalkeeper in 2014.
Sibiya, Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Ziphozonnke Maphisa, and Sifisokuhle Ntuli are charged with Meyiwa’s murder, attempted murder of other witnesses, robbery with aggravating circumstances, unlawful possession of a firearm, and possession of ammunition. They have pleaded not guilty to all the charges.
Under cross-examination, Mosia, after insisting that the crime scene had not been tampered with, eventually admitted in court that he had found no blood stains on the kitchen floor. This is despite having led testimony that Meyiwa was shot in the kitchen and it was alleged that he had bled a lot.
“The only blood swabs we took were from the kitchen wall. And more blood was from the floor of the sitting room,” said Mosia.
The court also heard, through a sworn statement, that witnesses, who arrived on the scene shortly after the shooting incident, had found water on the floor, which Advocate Zandile Mshololo used to argue that the scene had been “cleaned” up because Mosia could arrive.
“Maggie Phiri suggested we should clean the house before the police could arrive. We ignored her and she continued to pack empty bottles of beer and we left Maggie Phiri behind busy picking up the empties,” reads the statement in part.
The court has adjourned for tea and will deal with Adv Zandile Mshololo’s application for a special entry regarding the “irregularities” which relate to the State’s non-disclosure of the second docket (375/1/2019) in the murder case. #SABCNews #SenzoMeyiwatrial pic.twitter.com/FqoIg8Co38
— Sipho King K Kekana (@KingKAzania) September 5, 2022
On Monday, state witness Seargent Thabo Mosia was excused from the proceedings to allow, among others, an opportunity for Advocate Mshololo to present her application for the special entry.
While the application may not have much bearing on the current proceedings if it is accepted into court records, it is understood that it would serve as a point of argument in the event the accused is found guilty and an appeal is sought.
