The resumption of the Senzo Meyiwa murder trial hit a snag on Monday when judge Tshifhiwa Maumela had to entertain a letter from singer Kelly Khumalo’s lawyer seeking to be a watching brief in the trial.
State 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 the court proceedings, obtain the two case dockets related to the trial and the bail application statement of accused number two, Bongani Sandiso Ntanzi.
As part of her other request, Khumalo wanted to obtain copies of the transcripts of the trial.
Maumela dismissed Khumalo’s application citing reasons 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.
Kelly's application to be watching brief delays Meyiwa murder trial
Image: Supplied
The resumption of the Senzo Meyiwa murder trial hit a snag on Monday when judge Tshifhiwa Maumela had to entertain a letter from singer Kelly Khumalo’s lawyer seeking to be a watching brief in the trial.
State 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 the court proceedings, obtain the two case dockets related to the trial and the bail application statement of accused number two, Bongani Sandiso Ntanzi.
As part of her other request, Khumalo wanted to obtain copies of the transcripts of the trial.
Maumela dismissed Khumalo’s application citing reasons 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.
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Adv Zandile Mshololo, lawyer 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.
''No complainant or witness is entitled to be represented during the proceedings. They are represented by the state. The state is the only legal representative authorised by the constitution to represent a complainant or witness. Miss Kelly Khumalo is not obligated to be represented by her own legal representative in this case. She can only be prepared by the state,'' said Mshololo.
The trial was set to resume on Monday 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 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.
kokam@sowetan.co.za
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