Judgment regarding an application by a well-known personality for a media blackout during her testimony in the Senzo Meyiwa murder trial has been postponed to today.

Yesterday, the trial for the murder of the soccer star resumed at the Pretoria High Court with the state, lawyers of the accused and legal representative of the media presenting their heads of arguments on the application.

Judge Tshifhiwa Maumela said: “I will have to consider what has been presented and that task may not be concluded today.”

On Monday, the state requested that proceedings should not be broadcast live and pictures of the personality should not be taken while she is on the stand. However, she is not opposed to journalists sitting in court and reporting on her testimony.

State prosecutor Adv George Baloyi presented his heads of arguments and said the witness was a victim of a crime.

“Away from the glitz and glamour, she is a witness with vulnerabilities and anxieties for the witness stand. Being a victim of crime is traumatising.

“We saw the two previous witnesses breaking down during their testimony. Why should this witness be castigated?

“All she is asking for is to testify how she saw the commission of crime in an atmosphere that is less intrusive,” said Baloyi.

Baloyi also said the witness did not want her testimony to be broadcast live because she feared for her safety.

“A witness should be given a choice to testify in a normal way or in front of cameras... Witnesses need to be accorded courtesy and respect. No witness should be forced to testify in front of a camera.

“The right [of] the public to know can never trump the manner in which the witness wants to testify, whatever manner is comfortable with him or her... The witness harbours the feeling that harm might befall her if she testifies,” said Baloyi.

Baloyi said just because the witness had a live interview with eNCA did not mean her testimony should be broadcasted live.

“Her participation in the eNCA interview cannot be compared with her testifying in court. An interview is controlled and a set of questions are sent in advance,” he said.

Adv Zandile Mshololo, who represents accused number five, Sifisokuhle Nkani Ntuli, said the witness did not elaborate why she was scared.

“The witness failed to provide the court with the circumstances, nature and extent of objection raised. We do not know to what extent her right will be affected... The very same witness who is seeking protection not to have her testimony [shown live] broadcasted or recorded is the one who is busy discussing this case in the media,” said Mshololo.

“The witness cannot threaten this court. She is compelled and obliged to testify.” If she refuses, there are mechanisms in place in law that will make her come and testify,” said Mshololo.

Attorney Dan Rosengarten, representing the media, said: “We do not know why she is scared. We do not know if anyone has threatened her or if anyone called her and said ‘if you say this and this, we will get you’. We just have a blank statement from the witness. There is no evidence why she fears for her safety...”

Meyiwa was shot and killed in the house of the mother of his girlfriend singer Kelly Khumalo in Vosloorus, on the East Rand, on October 26 2014. Five suspects are on trial for his murder.

kokam@sowetan.co.za