Pretoria - The defence counsel for the fifth accused, in the Senzo Meyiwa murder trial, has made an application for a postponement of the trial due to two case dockets and directives from different prosecuting authorities.
Advocate Zandile Mshololo, the defence counsel for Sifisokuhle Ntuli, informed the Gauteng High Court, Pretoria earlier today that she would be unable to continue with the cross-examination of sergeant Thabo Johannes Mosia due to a number of reasons.
Mshololo said the first reason was as a result of one of the statements made by Mosia which was never disclosed to the defence before the start of the trial.
She said she was surprised that the statement was only handed to her this morning.
Mshololo said as a result she had requested docket 375, the second case docket in the case, from the state as the statement made reference to what she wanted to cross-examine Mosia on.
"I cannot be able to proceed with cross-examination on this document without reading the whole docket wherein this statement is contained."
Furthermore, she said in relation to another exhibit before the court, she required the state to confirm the contents of the exhibit before she could examine Mosia regarding its content.
She said her request was relevant in the preparation of the accused’s defence as the exhibit referred to the same facts of a case that was before the court that had instead been opened later in 2019.
In this exhibit, Mshololo said the Director of Public Prosecutions (DPP) in the South Gauteng Division had decided that Longwe Twala, Kelly Khumalo, Gladness Khumalo, Zandile Khumalo, Tumelo Madlala, Mthokozisi Twala, and Maggie Phiri were to be charged on two counts.
The first count was for murder, in that on October 26 2014, near Boksburg in the sub-district of Ekhurhuleni the six people named in the docket, acted as perpetrators or accomplices and unlawfully and intentionally killed Meyiwa by shooting him.
The second count was that of defeating the ends of justice in that on the same date, the six accused unlawfully and with intent defeated and obstructed the course of justice by hatching a plan and informed the police that they were robbed at gunpoint by unknown persons.
In respect of Phiri, she was to be charged as a result of her cleaning the crime scene prior to the arrival of the police, which resulted in obstructing the administration of justice.
Mshololo said she needed confirmation from the author before she could continue with the cross-examination or any further submissions.
"If there are two decisions one taken by the South Gauteng DPP and another taken by the North Gauteng DPP to charge the accused before this court I need clarity on that from the National Prosecuting Authority before I can continue with any cross-examination."
She added that the non-disclosure of the document to the fifth accused violated his right to be given further particulars and information that was in possession of the state in order to prepare his defence.
In fact, Mshololo told the court that this was the second violation of the accused’s rights as in the beginning she had to seek a postponement because of the late disclosure of dockets of certain witnesses, two weeks before the start of the trial.
"Now a whole docket is being disclosed during the trial. The fifth accused has been prejudiced by the behaviour of the state in this matter and as a result, I cannot continue with this cross-examination."
Instructing attorney for advocate Malesela Teffo, Thabiso Thobane informed the court they had no objections to Mshololo's request.
Pretoria News