After delays and postponements, the new murder trial of slain Bafana Bafana captain and Orlando Pirates goalkeeper started on a high note Tuesday at the North Gauteng High Court in Pretoria.
The new presiding officer in the Senzo Meyiwa murder trial, retired Judge Ratha Mokgoatlheng, has set a tone which has people talking about his sharpness and wit on social media.
With how proceedings have started under Mokgoatlheng, eyes are peeled on the next weeks proceedings, where she is still set to continue being cross-examined by at least two more defence advocates, before being re-examined again by the State.
It is still unclear who will be testifying after Zandile Khumalo concludes, but judging by the pace and agility of the new judge, the next witness can be expected as early as next week.
The start of the new trial has been fiery, feisty and educational at times. Let us recap.
– New no-nonsense judge
Mokgoatlheng’s lack of intolerance towards unbecoming behaviour was seen on Wednesday when Zandile suddenly complained of chest pains as she was about to be cross-examined after a lunch break.
The idea of a postponement left the judge unimpressed and he made it clear to all that unnecessary and avoidable delays would not be entertained.
“What’s wrong with her,” asked Mokgoatlheng.
“She told that because of these problems being encountered with accommodation, she’s not psychologically ready to proceed today,” replied prosecutor George Baloyi.
Looking visibly irritated, Mokgoatlheng told Baloyi that he wont tolerate unnecessary delays.
“See, I’m old school, I can’t tolerate this type of behaviour,” he said directing his fingers at Zandile.
– Defence counsel gets free lecture on cross-examining witnesses
After two days of listening to the defence cross-examining Zandile and not asking her questions which were pertinent to the case, Mokgoatlheng grew impatient and interjected as one of the defence attorneys was on asking questions.
Mokgoatlheng said the had defence spent majority of their time asking Zandile all sorts of questions including what the gun looked like, and later explaining to her the model of the gun.
“What is this case about actually?” Mokgoatlheng quizzed two defence advocates of accused one to four.
Mokgoatlheng told the defence that if they don’t ask the witness relevant questions, the trial was going to drag on unnecessarily.
“We’ll be here for the whole year... whether there were two or three shots, one was louder than the next one, how does it assist this court in solving this conundrum,” he asked.
“Right, but here is this witness describing that people came in and did x, y, z. So, what I’m saying is, I haven’t heard anyone saying, there were no intruders in the house.
‘’... If you are a defence counsel, I expect you to say, I put it to you that there were no intruders who went into the house and there were no shots fired in the house. I haven’t heard that,’’ Mokgoatlheng said sharply.
– Kelly regrets dating Senzo
Text messages between Zandile and her sister, musician and socialite, Kelly Khumalo, revealed that there was a time in 2013 where she regretted meeting Meyiwa. The messages were read into the record in court on Friday.
"I regret everything, I wish I didn’t allow Senzo into my life look at all the mess it has gotten us into. It’s all his lies now affecting all of us,“ read the message.
Advocate Zithulele Nxumalo who was reading the messages and cross-examining Zandile, asked her to elaborate on the message.
“I’m not sure what was happening,” she replied.
Nxumalo then asked clarity on the “mess” Kelly was referring to.
Zandile said Meyiwa was not an honest person, he lied to both Kelly and his wife, Mandisa Mkhize.
“He would be with Kelly and at times he would be with Mandisa and when he was with Kelly, he would say this and when he was with Mandisa, he would say something else, I think that’s what she was referring to."
– How Senzo was shot
Zandile denied that Meyiwa was shot while trying to separate a fight between her and Longwe Twala, who was her boyfriend at the time.
Advocate Charles Mnisi who represents one of the five men accused of brutally killing Meyiwa in 2014, told Zandile that he was in possession of a statement from a witness who can’t be named for security purposes, who said Meyiwa was killed while trying to separate a fight between her and Twala.
“Firstly,” she said in faint laugh, “Longwe and I were not fighting, we were very happy, we were in a very good space. That’s why I invited him to my home. What is being said here is new to me,” she said.
State prosecutor, advocate George Baloyi objected to the question, saying there was no statement by any witness suggesting that Meyiwa was hit by a bullet while trying to separate a fight between Zandi and Twala.
Mnisi argued that he was paraphrasing.
“In any case, the witness will come and testify to that, but for now, I will withdraw the statement,” he said.
The trial continues on Monday.
IOL