The state has opposed the defence’s application for a special entry regarding “irregularities” which relate to the state’s non-disclosure of the second docket in the Senzo Meyiwa murder case.
State prosecutor advocate George Baloyi told the Pretoria high court on Monday that the application was premature and should be dismissed.
The gallery was packed as the murder trial resumed.
Muzikawulahlelwa S’tembu Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokozisi Ziphozonke Maphisa and Sifisokuhle Nkani Ntuli are accused of murder, robbery with aggravating circumstances and illegal possession of a firearm and ammunition.
Police forensic expert Sgt Thabo Mosia who was expected to continue to be cross-examined by defence advocate Zandile Mshololo, attorney of the accused five had to be excused early as they dealt with her application regarding irregularities.
Handing out court records, Baloyi said the second docket was brought up as early as March 17 by a former defence attorney in the case, advocate Maselela Teffo before the accused pleaded.
Meanwhile, in bringing the application, defence Adv Mshololo said the non-disclosure of the “crucial information” contained in the docket opened in 2019 has prejudiced her client.
Mshololo told the court that the docket contained crucial information, including a contradictory statement by the first witness in the trial, Mosia.
“The second docket contains the photo albums that were taken at the crime scene when the incident took place is crucial to this trial. The second docket contained sergeant Thabo Mosia’s statement where he contradicts himself.
It (the second docket) contained the statement of brigadier Ndlovu, who has been referred during this trial by Mosia as the person who played a role in the investigation and that statement has not been disclosed to the defence when it contains material evidence.
— Defence advocate Zandile Mshololo
“It contained the statement of brigadier Ndlovu, who has been referred during this trial by Mosia as the person who played a role in the investigation and that statement has not been disclosed to the defence when it contains material evidence regarding Mosia who is on the witness box,” she said.
Mshololo further said the docket contains a statement from warrant officer Meshack Makhubo, regarding the status of witnesses who have submitted statements.
She said her client would have pleaded differently or objected to the charges had he been furnished with the “crucial” information.
However, Baloyi said after the disclosure of the second docket, Mshololo’s client was afforded over two months to peruse the docket.
“The applicant was afforded two months to peruse the second docket and that has mitigated any disadvantage,” Baloyi said.
Baloyi told the court that the second docket does not form the subject matter of the charge.
He, however, said it can be used in cross-examination to test the credibility of the witnesses.
Meyiwa, who was the captain of Bafana Bafana and Orlando Pirates, was gunned down in October 2014 at the home of his then girlfriend, Kelly Khumalo.
Khumalo, her mother, sister and several other people who were in the house claimed at the time that Meyiwa was killed in a botched robbery at the Vosloorus house.
The second docket, however, implicates them in his killing.
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