Kelly’s application delays Meyiwa murder trial
Muso asks to be a watching brief
The resumption of the Senzo Meyiwa murder trial hit a snag yesterday when judge Tshifhiwa Maumela had to entertain a letter from singer Kelly Khumalo’s lawyer seeking to be a watching brief in the trial.
Prosecutor Adv George Baloyi said Khumalo’s lawyer Adv Magdeline Moonsamy sent a letter on November 1 to the state and Maumela, asking to be physically present during court proceedings, obtain the two case dockets related to the trial and the bail application statement of accused number two, Bongani Sandiso Ntanzi.
Khumalo also wanted to obtain copies of the transcripts of the trial.
Maumela dismissed Khumalo’s application, citing that he already made a ruling on the matter in April and that the decision still stands.
Prior to his ruling, Maumela gave Baloyi and the legal representatives of the accused an opportunity to make arguments on Khumalo’s application.
Baloyi opposed the application and said a watching brief is mainly for a client or witness who will not testify.
“Her [Khumalo’s] situation is different because she might be called to testify and it would be undesirable for her lawyer to be present as a watching brief,’’ said Baloyi.
Lawyer for accused number one to four, Adv Timothy Thobane, also opposed the application. “What the applicant (Khumalo) is asking for is unethical. [If the applicant gets the transcripts], the applicant will see what other witnesses are going to say. She is wasting the court’s time and needs to draw the line between law and politics,’’ said Thobane.
Adv Zandile Mshololo, for accused number five, also opposed the application. Mshololo said it would be an injustice to the accused if Khumalo is furnished with the records of the trial before she testifies.
The trial was set to resume yesterday with the continuation of the cross-examination of state witness Tumelo Madlala by Thobane.
Madlala was one of the people who was present when
Meyiwa was shot and killed at the home of his then girlfriend Khumalo in Vosloorus on the East Rand on October 26 2014.
The accused – Muzikawukhulelwa Sibiya, Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli – face charges of premeditated murder, attempted murder, robbery with aggravating circumstances, possession of firearms without a licence and possession of ammunition.
They have pleaded not guilty to all the charges.