Defence must provide proof to support its claims: Kelly Khumalo’s lawyer

03 June 2022 - 12:01
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Kelly Khumalo's lawyer Magdalene Moonsamy says the defence must produce documents to support the claims made against her client.
Kelly Khumalo's lawyer Magdalene Moonsamy says the defence must produce documents to support the claims made against her client.
Image: Freddy Mavunda

Kelly Khumalo's lawyer Magdalene Moonsamy is demanding answers from the defence in the Senzo Meyiwa murder trial.

The former Orlando Pirates and Bafana Bafana goalkeeper was gunned down in October 2014 in what was described as a botched robbery in Vosloorus, east of Johannesburg, in the presence of Khumalo, her mother Ntombi, sister Zandi, Zandi’s boyfriend Longwe Twala and Senzo's friends Mthokozisi Twala and Tumelo Madlala. 

On Thursday the lawyer told eNCA and SABC the allegations against Kelly are unfounded and unclear. 

She said they were shocked to learn Kelly is facing allegations she pulled the trigger that killed Senzo as she was told on several occasions over the years that she is not a suspect in the murder and will not be called to testify. 

“Can the defence determine with decisiveness what it is that they want to allege?” said the lawyer. 

She also responded to allegations by defence advocate Malesela Teffo earlier this week that Kelly drove Senzo to hospital knowing he was dead to conceal evidence of the murder. 

Kelly's lawyer said this was not true. She said Kelly tried to save Senzo's life and the soccer star was declared dead at the hospital. She said the doctor's letter could not have been tampered with. 

“There is also a medical report with the time of death at the hospital from the doctor who treated Senzo. That is evidentially proof and fact,” she said. 

The defence attorney told the court police had two dockets on the Senzo investigation that have contradictory evidence.

Kelly's lawyer also sought clarity on the second docket.

She faces accusations of witness intimidation. Timothy Thobane, an instructing attorney for four accused in the trial, said they will report her to the Legal Practice Council and lay a charge of defeating the ends of justice for allegedly intimidating witnesses who were expected to testify in court. 

“Whatever she said, it intimidates witnesses. Can you say you are going to sue someone and that person must come and be a witness. You think that person will come to be a witness?," he said. 


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