Kelly’s lawyer wants access to dockets
JOHANNESBURG - The resumption of the Senzo Meyiwa murder trial got off to a bumpy start yesterday morning. This when State Advocate George Baloyi raised an application by Kelly Khumalo’s lawyer, Advocate Magdalene Moonsamy, who has written a letter to the court requesting access to case dockets, court transcripts and other related documents.
However, there were issues with the application as the judge indicated that he had not read the letter which he was not sure had been received by the other counsels.
Attorney TT Thobane, for accused 1 to 4, confirmed to have received the letter, but Advocate Zandile Mshololo told the court she had no knowledge of such a letter.
Judge Tshifhiwa Maumela called for a brief adjournment of proceedings for him to go through the letter while Mshololo is also afforded the opportunity to go through it.
Moonsamy is on watching brief for Kelly Khumalo, who was one of the people who were in the house on the night the former Orlando Pirates goalkeeper Senzo Meyiwa was murdered in October 2014 and a girlfriend to the deceased at the time.
A watching brief is an observer role that is normally used in criminal cases by lawyers on behalf of clients who are not directly involved in court proceedings to protect the rights and interest of their clients who may eventually have to be called in as witnesses.
Khumalo, who was in the house when Meyiwa was shot and killed and had taken part in transporting Meyiwa to the Botshelong Hospital in
Vosloorus where he was declared dead on arrival, has not been confirmed as a witness.
Moonsamy, who was physically in court in the early stages of the trial, was asked to leave at the time because her client could at a later stage be called in to testify.
She argued at the time that it made no difference whether she was in court since the court proceedings were broadcast live, making them ‘public knowledge anyway’.
However, Judge Maumela was quick to point out that the live broadcast could not be equated to a watching brief which meant she would have access to exclusive court papers, which she is now applying for access to.