Witness sticks to word
MEYIWA CASE: HE INSISTS ACCUSED 2 WAS MAN HIS FRIEND PINNED TO WALL
Court again rejects bid to have Khumalo’s lawyer admitted as a watching brief.
Senzo Meyiwa’s friend and the state’s third witness yesterday told the High Court in Pretoria he stood by his identification of accused number two as the man the former Bafana and Orlando Pirates goalkeeper had pinned against the wall the day he was murdered.
Tumelo Madlala returned to the dock where he was cross-examined by the defence, following an adjournment in September.
Madlala was asked by defence attorney Tshepo Thobane – the lawyer of four of the five men standing trial – if he stood by his dock identification of accused number two, Bongani Sandiso Ntanzi.
In September, Madlala pointed out Ntanzi as the man who Meyiwa had pinned against the wall on 26 October 2014, during an alleged robbery at the Vosloorus, Ekurhuleni, family home of his then-lover, Kelly Khumalo.
Madlala, who was inside the Khumalo house, identified Ntanzi even though he could not identify any of the accused at an identity parade.
Thobane argued that Madlala identified Ntanzi in court because he had seen him in the media. “I put it to you that you only managed to point out accused number two in court because you have been watching television and [following] the media,” he said.
Madlala responded: “No, I deny that. I’m not the kind of person who is interested in watching TV. Furthermore, I’d like to point out that the suspect I pointed to on that particular day [of Meyiwa’s murder] was wearing a jacket with a hoodie even if I can’t recall the colour of the jacket. I remember that clearly.”
Madlala also denied that he was changing his statements compared to the affidavits taken by police. “I’m not changing any statement and I won’t say something that is wrong after having taken an oath. I’m not misleading the court.”
Ntanzi, Sifisokuhle Ntuli, Muzikawukhulelwa Sthemba Sibiya, Mthobisi Prince Ncube and Mthokoziseni Ziphozonke Maphisa 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 the charges and remain behind bars. Judgment was reserved last month on Ntanzi’s bail application.
The court yesterday rejected Khumalo’s latest bid to have her lawyer, Magdalene Moonsamy, admitted as part of a watching brief in the trial.
Moonsamy was excused from trial proceedings in April, by presiding Judge Tshifhiwa Maumela.
In a letter dated 1 November, she not only requested to be admitted as Khumalo’s watching brief, but she also wanted access to copies of the case dockets and transcripts of the trial.
However, the state and defence objected to her application, arguing her presence in court would compromise the murder trial.
Moonsamy was appointed by Khumalo on a watching brief when the trial began earlier this year.
But Judge Maumela excused Moonsamy after the state and defence raised concerns about her presence in court, due to the possibility of Khumalo being called as a witness.
At the time, Moonsamy objected to her recusal, arguing that her removal from court would prejudice her client.
Yesterday, Judge Maumela said he would not make another ruling on Moonsamy’s latest request.
He said he would stick to his original ruling barring Moonsamy from attending trial proceedings because she did not make any new submissions to the court.