Pretoria - The murder trial of Senzo Meyiwa has been postponed for purposes of argument surrounding the existence of the second docket.
While the main trial into the murder of the then soccer player has been adjourned to September 5, a second date has been reserved for the State and defence counsels to submit their heads of argument surrounding the existence of a second docket in the matter.
Despite repeated pleas for no further applications to be entertained until the defence counsel for the fifth accused, advocate Zandile Mshololo, has been afforded time to go through the second docket and complete her cross-examination of Sergeant Thabo Johannes Mosia, advocate Malesela Teffo launched his submissions opposing the long adjournment of the case.
Teffo, the counsel for four of the five accused, went on to address the court about allegations that he had been afforded a copy of the second docket on March 23, while the State and Mshololo were only notified last week, and provided with copies shortly thereafter.
Teffo rejected this claim and alleged that his team had been brought into the matter at a later stage, whereas Mshololo had been representing the fifth accused, Sifisokuhle Ntuli, from 2020.
He also told the court that State advocate George Baloyi had been disingenuous with the court concerning his knowledge of the second docket when in fact he had known of its existence from as early as January this year.
Teffo then went on to inform the court that his team had issues with the validity of two letters submitted in court yesterday, said to have been deposed by Andrew Chauke, the director of public prosecutions within the South Gauteng Division.
The defence went as far as indicating that it was prepared to even open a case of fraud in relation to the letters submitted.
Teffo told the court they had issues with the signatures, but further that they also were of the view that Chauke’s assertion that the case calling for singer Kelly Khumalo and other occupants in the house to be charged with murder was not a decision, but merely an opinion of a junior State advocate was also false.
Teffo insisted that the State advocate mentioned as a junior was in fact a senior advocate, who at the time had the title to prosecute.
He went as far as speculating that they believed that there was a cover-up afoot in the existence of the two case dockets.
Teffo added that if the second case docket had no merit, as alluded to by the director of public prosecutions, then there was no need for a long adjournment of the case.
The main issue was that if it bore no weight, Teffo was concerned about the first and second accused being kept in custody for longer.
In addition to that, he questioned why Khumalo had not been arrested alongside the five accused of conspiracy to commit murder and the murder.
In granting the postponement, Judge Tshifhiwa Maumela blasted Teffo as he indicated that his team’s refusal to meet the court roll planner had resulted in the loss of booking the entire third term to sit the matter.
Judge Maumela said he had to weigh up the rights of the fifth accused to prepare an adequate defence, as well as the rights of accused one to four to a speedy trial.
He said although the main trial would, unfortunately, have to proceed in September, he would order Teffo to submit his head of argument surrounding the second docket before that time.
The judge ordered Teffo to submit his heads on June 23, with the State and Mshololo by June 30.
Following that, all parties alongside the accused are to be back in court on July 12.
Pretoria News