Judge in Meyiwa trial seeks clarity on defence lawyers' direction

21 July 2023 - 20:47
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Judge, Ratha Mokgoatlheng, at high court in Pretoria.
Judge, Ratha Mokgoatlheng, at high court in Pretoria.
Image: ANTONIO MUCHAVE

Judge Ratha Mokgoatlheng on Friday schooled the defence counsel in the Senzo Meyiwa murder trial on their approach during cross-examination.

He interjected during cross-examination by advocate Zithulele Nxumalo who reminded state witness Zandile “Zandi” Khumalo she had described hearing one shot while in the kitchen and two while in the bathroom.

Mokgoatlheng asked what the relevance of the line of questioning was and what the defence counsel were trying to prove.

Nxumalo had read out a statement made by Khumalo in which she described hearing two shots while still in the kitchen, which was contrary to what she had said in her evidence.

“What is this case about? That's what I am getting at,” he said.

According to Khumalo, three gunshots went off in the house in Vosloorus the night football star Meyiwa was murdered in October 2014.

Meyiwa was relaxing at the time with his girlfriend Kelly Khumalo, her sister Zandile and her boyfriend Longwe Twala, Kelly and Zandile's mother Ntombi and two of Meyiwa's friends from KwaZulu-Natal, Mthokozisi Thwala and Tumelo Madlala.

Five men are on trial for Meyiwa's murder. Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli have all pleaded not guilty.

Mokgoatlheng told the defence they needed to be clear in their cross-examination.

Responding, Adv Charles Mnisi told the court they were trying to demonstrate that the men they represent were not involved in Meyiwa's murder.

While Mokgoatlheng pointed out that both Mnisi and attorney Sipho Ramosepele had stated their clients were not there, they had not disputed that intruders had entered the house.

“Here is this witness ... She has described that people came in and did x, y and z, I am saying I haven't heard anyone saying there were no intruders in the house, that shots were fired in the house or a shot was fired in the house because if you are a defence counsellor we 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,” he said.

Interjecting, advocate Zandile Mshololo told the judge it was still coming and asked: “Can we pause here until I start my case.” 

Mokgoatlheng asked the defence whether their instructions were that “no people intruded into the house of the Khumalos”. 

Earlier Nxumalo introduced three statements made by Zandile as he tried to point out  inconsistencies between her testimony and the statements.

Text messages sent to her by Longwe and Kelly were also read out in court.

The matter has been postponed to Monday, when Nxumalo is expected to wrap up his cross-examination. 

Mshololo is still to cross-examine the witness.

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