LIVE BLOG | New witness applies for media blackout in Senzo Meyiwa trial
A new witness is expected to take the stand in the Senzo Meyiwa murder trial in the North Gauteng high court in Pretoria on Monday.
The late goalkeeper's childhood friend, Mthokozisi Thwala, wrapped up his testimony last Friday. Thwala was one of the people in the house when Meyiwa was shot and killed in an alleged botched robbery in 2014.
State prosecutor Adv George Baloyi says the next witness has applied for a complete media blackout for the duration of her testimony. The witness does not want to be recorded or photographed inside court.
So far, four witnesses have testified, including Thwala and Meyiwa's other childhood friend Tumelo Madlala.
The court has adjourned pending the outcome of the application.
11:40 - Court session resumes.
Judge Tshifhiwa Maumela is notified that media is finalising it's legal representative to oppose new witness' application. - Zingisa Chirwa
Adv Baloyi says the new witness is concerned for her personal safety as she is a well-known personality who performs publicly. - Zingisa Chirwa
12:00 - The defence's Adv Sipho Ramosepele says proceedings should continue to be broadcast via audio as it has been the case during Thwala and Madlala's testimony. - Zingisa Chirwa
12:11 - Adv Zithulele Nxumalo representing one of the defendants, concurs with Ramosepele and calls for the witness' application to be dismissed.
Adv Zandile Mshololo: This is an embarrassment to South african law...at this stage during the trial we are still dealing with this kind of application. An issue which ought to have been discussed during pretrial stage. - Jeanette Chabalala
12:20 - Mshololo says the State should have consulted with its witnesses. She adds that the state had a whole night to prepare this application and now they are "ambushed" by the state to read and prepare their responses. "That is unfair my lord," she tells the court.
Mshololo says the witness said she is bringing the application for her "personal safety". "Court officials, accused persons, all our safety has been compromised by the broadcasting my Lord, but we have allowed it to proceed because we are respecting the court order and we also understand that the freedom of expression allows media to broadcast proceeding". - Jeanette Chabalala
12:26 - Mshololo also mentions that the state also brought up concerns about public comments that would be raised after the witness' testimony. "That has got no adverse effect on this court. This court is not bound by public opinion, [public comments [and] public critics of any sort. This court will be bound by the evidence presented before this honourable court." - Jeanette Chabalala
Mshololo says her safety has also been compromised because the same witness also posted her [Mshololo] pictures on social media. - Jeanette Chabalala
Mshololo: If she [the next witness] is genuine about her safety, she ought to have considered that when she went on Netflix.
Mshololo suggests that the State file their heads of argument by 4pm today and then defence team and media file their heads of argument by 4pm on Tuesday.
12:42 - Court adjourned until 2pm
14:00 - Court resumes
The media's representative attorney Dan Rosengarten tells the court that he has no objection for heads of arguments to be filed at 4pm tomorrow for the trial to resume on Wednesday. - Zingisa Chirwa
Rosengarten mentions that he's had limited time to listen to the arguments made. - Zingisa Chirwa
Rosengarten cites previous cases to emphasise the importance of open justice. - Zingisa Chirwa
Rosengarten: The exclusion of electronic media means the media cannot use the tools of their trade which means they [media] are limited in their ability to exercise their rights...and in corollary the rights of the public to receive information. - Zingisa Chirwa
14:35 - Judge Tshifhiwa Maumela to Rosengarten: In other words we'd be able to say to the witness, nobody will have the luxury of viewing visuals covering your testimony until the trial's concluded. - Zingisa Chirwa
Rosengarten: Visuals of her [witness] will not be shown of her until the end of the trial...and will be shown in for example a current affairs programme. - Zingisa Chirwa
Rosengarten says the witness has in the past, proven she’s not camera shy adding that there's no evidence as to why the witness fears for her safety. - Zingisa Chirwa
Rosengarten: In making any decision, one needs the least restrictive approach and what has been suggested in this regard is the least restrictive. The witness has not demonstrated any prejudice...And for those reasons, the applicant has not made out a case as to why the members of the electronic media should be excluded from these proceedings.
Judge Maumela indicates that the state will file heads of arguments at 4pm today, the defense will file answering affidavits tomorrow at 4pm and the trial reconvene on Wednesday. - Zingisa Chirwa