Murder accused axes lawyer

MEYIWA CASE: POSTPONEMENT FOR DEFENCE TO CALL WITNESSES FROM POLICE

→ Admissibility of confession, warning statements at issue.

One of the five men accused of murdering former Orlando Pirates and Bafana Bafana goalkeeper Senzo Meyiwa has fired his lawyer and the trial has been postponed.

The High Court in Pretoria was expected to hear closing arguments from the state and defence for the trial within a trial yesterday.

The trial within a trial, which started in October, has been taking place to determine the admissibility of confession statements, pointing out and warning statements by the accused.

During proceedings, defence lawyer Thulani Mngomezulu informed the court that he would represent accused one, Muzikawukhulelwa Sibiya, beyond the trial within a trial. Sibiya has been represented by attorney, Sipho Ramosepele since the restart of the murder trial in July last year.

“After discussions and consultation, it has been made clear to accused one that the Legal Aid board has made a final decision that I will not be paid for the work I have done since I started in the trial within a trial.

“[This] was communicated to accused one over the weekend. Subsequent to that I was called by his uncle who indicated to me that they still require my services. They would rather terminate the mandate of Mr Ramosepele and instruct me privately,” Mngomezulu said.

Ramosepele confirmed that he would not be acting on behalf of Sibiya, however, he would continue to represent accused two, Bongani Ntanzi.

Regarding closing arguments, Mngomezulu said he was unable to proceed. “I have started with the heads of arguments. It was before [the state] e-mailed [their] heads of arguments and I was interrupted in the process.

“I said I cannot involve myself in the matter if I am not going to be paid. I’m not finished with my heads,” the lawyer explained.

He said Sibiya had instructed him to call more witness to testify for the defence in the trial within a trial.

“He instructs me to bring an application to reopen the defence’s case on his behalf and call the witnesses he intends to call.”

Mngomezulu said the three witnesses, who are members of the South African Police Service, could be available to testify this week, should the court accede to the defence’s request.

The defence lawyer told Judge Ratha Mokgoatlheng there would be no prejudice to the state and that Sibiya had the right to a fair trial.

The judge granted the defence’s request and the case will resume tomorrow.

–