AfriForum’s head of private prosecutions, Advocate Gerrie Nel, says Brigadier Philani Ndlovu’s death will not impact Senzo Meyiwa’s murder trial.
Nel agreed with the National Prosecuting Authorities (NPA) on the matter.
The NPA says Ndlovu, a retired former provisional head of SAPS, who died last week is not regarded as a crucial witness in the case. He was one of the first senior police officers to arrive at the crime scene in 2014.
Nel says according to the state’s case, Ndlovu was never intended to be a witness.
“This is a criminal trial, the trial has started, the state decided to prosecute on the evidence available and his evidence is not available. They never intended to call him, they built a strong case. I think they have a strong case on other evidence. The other evidence is not affected by this untimely passing of the General and we’re dealing with a scene where there were a lot of other policemen on the scene. Mr Msiya was on the scene. I’ve got no concern that the death of General Ndlovu will affect the trial whatsoever,” says Nel.
Police have confirmed the death of Philani Ndlovu, who was one of the first police officials to arrive at the scene of Meyiwa’s fatal incident:
The NPA says several other witnesses will give relevant evidence on the merits of the case, and it is confident that it has sufficient evidence to ensure a successful prosecution in the case.
Meanwhile, Law expert Dr. Llewellyn Curlewis has described the unexpected death of a state witness in the murder trial of soccer star as a huge blow to the case that’s been dragging on for years.
The death comes just days after defence advocate, Malesela Teffo, approached the court to have the trial brought forward, claiming that the lives of the witnesses were in danger.
Five men are standing trial for Meyiwa’s death.
Curlewis says, “Every witness in a prosecution is very important, especially if the state must prove its case beyond reasonable doubt. The absence of this witness as a result of him passing on might have a huge impact on the state’s case. Obviously, it will all depend on the contents of his evidence and to what extent his evidence is in dispute.”
Senzo Meyiwa murder accused back in court:
