Pretoria – State witness Tumelo Madlala, who was present when Senzo Meyiwa was shot, told the North Gauteng High Court that he could identify one of the men accused of killing the former Bafana Bafana and Orlando Pirates goalkeeper.
This was Madlala’s second day on the witness stand.
The media has been ordered not to film Madlala as he testifies.
“The State asked you whether you are in a position to identify any of the suspects before court,” asked State prosecutor George Baloyi.
“If I was allowed to mention it yesterday, I would have mentioned it. That’s why I asked for a break because I was annoyed to be in the same room as that person,” Madlala responded.
The legal representative of the four of the accused, Tshepo Thobane, objected to Baloyi’s question and said the identification question was vague.
“Identification in the court is inadmissible and doesn't have value. Most importantly, because my clients who appear in this honourable court, one until four, were not take to an identity parade.
“If the State wants to take it further, it will require a trial within a trial,” Thobane argued.
Baloyi tried to submit heads of argument to allow an in-court identification and said the defence could respond the next day or whenever they have time.
Advocate Zandile Mshololo, who is representing one of the accused, objected to Baloyi’s submissions and called his tactics an ambush.
“We have not been given those heads of arguments, my lord... We need to be furnished with the heads of arguments on what the State intends to bring in the honourable court. We don’t even know what are the issues the State is intending to introduce before the court, therefore we cannot be ambushed like that.”
Judge Tshifiwa Maumela said that to eliminate the element of ambush, it would only be fair for Baloyi to make his heads of argument available to the defence before he argued the matter in court.
“Okay, I will furnish them with the heads now and argue the matter tomorrow,” said Baloyi.
Five accused are standing trial for the murder of the former soccer star.
The five men are Muzikawukhulelwa Sthemba Sibiya, 34, Bongani Sandiso Ntanzi, 30, Mthobisi Prince Ncube, 36, Mthokoziseni Ziphozonke Maphisa, 35, and Sifikuhle Nkani Ntuli.
The trial continues on Thursday.
IOL