Khumalo’s lawyer barred from Meyiwa trial
NORTH Gauteng High Court, Pretoria, Judge Tshifhiwa Maumela has made a U-turn, excusing Kelly Khumalo’s legal representative, Magdalene Moonsamy, from her “watching brief” in the murder trial of former Pirates soccer player Senzo Meyiwa.
Moonsamy announced at the start of the trial on April 11, that she would be joining proceedings on a “watching brief” on behalf of Khumalo as one of the victims in the matter.
The addition was allowed by Judge Maumela. However, last week advocate Malesela Teffo, the defence counsel for accused one up to four, said he was uncomfortable with her presence in court. This was after Judge Maumela had requested all the witnesses to leave the courtroom until they were called in.
Teffo argued against Moonsamy’s presence in court on the grounds that because there was a potential of Khumalo being a witness, her lawyer would be able to give her feedback after each appearance. He also raised concerns of Moonsamy possibly having access to certain documents such as the list of witnesses pertaining to the matter.
Judge Maumela dismissed Tefo’s request but as the matter began yesterday, he had a change of heart and excused Moonsamy from the matter.
He said following discussions in chambers it had been decided for the purity of the trial that Moonsamy be excused as Khumalo was a potential witness in the matter.
“She can only sit in should the State call Kelly Khumalo as a witness,” said State prosecutor advocate George Baloyi.
Following this the State led the evidence of Sergeant Thabo Johannes Mosia attached to the Springs criminal record and crime scene management division. He was one of the first officers on the scene on October 26, 2014.
Mosia testified that he had received the call to attend to the incident at the Khumalo residence in Vosloorus at about 11.45pm and arrived at 12.20am.
Mosia said he was taken on a walkthrough of the scene by another officer and he collected a fragmented bullet, a grey, white and brown hat and a silver walking stick. Mosia said he was responsible for collecting, packaging and processing all exhibits on the scene.
During the walkabout they established that the group entered the house through the kitchen door, he testified.