Judge Ratha Mokgoatlheng postponed the Senzo Meyiwa murder trial until Friday to begin the trial within a trial to determine whether evidence given to the North Gauteng High Court in Pretoria, is admissible.
On Wednesday, Judge Mokgoatlheng called an adjournment to decide whether the "confessions" made by accused one and two, Muzi Sibiya and Bongani Ntanzi, are admissible.
The other three accused are Mthobisi Prince Mncube, Mthokoziseni Ziphozonke Maphisa, and Fisokuhle Nkani Ntuli.
Ntanzi claims he was assaulted and forced to sign the confessions and “point out”.
State prosecutor advocate George Baloyi brought this to Mokgoatlheng’s attention.
“The State requests that one trial within a trial be held regarding the admissibility of all these documents as the evidence is interlinked,” Baloyi told the judge.
Judge Mokgoatlheng stopped Baloyi in his tracks to confirm what he meant.
Baloyi said instead of holding separate trials within the trial to determine the admissibility of the evidence, one trial within the trial, encompassing all five accused, should be held instead.
Ntanzi and Sibiya’s lawyer, advocate Sipho Ramosepele, then got up to clarify why they wanted to hold a trial within the trial.
Judge Mokgoatlheng asked if Ntanzi made a statement or confession.
“My Lord, this is our position; the making of the statement needs to be clarified because he [Ntanzi] says a statement was brought to him. He was assaulted and coerced to sign that statement,” Ramosepele said.
Judge Mokgoatlheng agreed that a trial within a trial should take place.
“I am satisfied then that your client alleges that he didn’t make a confession, and the State alleges that he did make one. So you need a trial within a trial to enable the defence to contest the admissibility of that statement or confession,” Mokgoatlheng said.
Meyiwa was shot at Kelly Khumalo’s mother's home in Vosloorus, Gauteng, on October 26, 2014. It was a Sunday evening.
At the time of Meyiwa’s murder, Ntanzi was employed at Sibanye Gold at the Driefontein facility in Carletonville.
Records obtained from his access card showed he was not at work on the night the footballer was gunned down in Vosloorus, according to the testimony of HR manager at Sibanye Gold, Hendrik Mulder.
Mulder said Ntanzi had applied for unpaid leave for five days on the Monday after Meyiwa was gunned down.
Mulder gave the court evidence relating to Ntanzi’s access card dating from October 24 to November 2, 2014.
October 26 was a Sunday, and therefore Ntanzi was not supposed to be at work.
“The last whereabouts we can confirm is on October 25, 2014. This was a clock-out at the access point in the hostel at 6.57am,” Mulder said.
The trial has been postponed until Friday.
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