The defence in the Senzo Meyiwa murder trial said it was "ambushed" by the state for submitting as evidence an alleged recorded confession made by one of the accused.
It emerged yesterday at the Pretoria high court that the state, led by prosecutor George Baloyi, had previously indicated that it would not use the recorded confession made by Bongani Ntazi which was recorded by magistrate Vivian Cronje at the Boksburg magistrate's court in June 2020.
However, Baloyi made a U-turn on this yesterday and informed the court that it will lead evidence on it in an ongoing trial within a trial about the validity of Ntanzi's confession. Baloyi argued that they need to listen to the pro forma of the recording to prove to the court the admissibility of the signed confession the state has.
But the defence protested to this.
“Firstly, we were told it was for official use; secondly, we were told that the state had not intended to use it. In this case, it was apparent that the evidence of the magistrate had to be tested. Prior to the testing then comes an evidence that requires an expert,” said Adv Thulani Mngomezulu for Ntanzi and Muzi Sibiya, arguing the submission was not fair.
He said he needed to consult with his clients about the new evidence.
Mngomezulu also highlighted that if the state intends to lead evidence based on the recordings, the defence will need to bring a voice expect to determine if the confession was made voluntarily.
The trial continues.
State makes U-turn in Meyiwa trial
Use of confession recording 'not fair'
Image: Veli Nhlapo
The defence in the Senzo Meyiwa murder trial said it was "ambushed" by the state for submitting as evidence an alleged recorded confession made by one of the accused.
It emerged yesterday at the Pretoria high court that the state, led by prosecutor George Baloyi, had previously indicated that it would not use the recorded confession made by Bongani Ntazi which was recorded by magistrate Vivian Cronje at the Boksburg magistrate's court in June 2020.
However, Baloyi made a U-turn on this yesterday and informed the court that it will lead evidence on it in an ongoing trial within a trial about the validity of Ntanzi's confession. Baloyi argued that they need to listen to the pro forma of the recording to prove to the court the admissibility of the signed confession the state has.
But the defence protested to this.
“Firstly, we were told it was for official use; secondly, we were told that the state had not intended to use it. In this case, it was apparent that the evidence of the magistrate had to be tested. Prior to the testing then comes an evidence that requires an expert,” said Adv Thulani Mngomezulu for Ntanzi and Muzi Sibiya, arguing the submission was not fair.
He said he needed to consult with his clients about the new evidence.
Mngomezulu also highlighted that if the state intends to lead evidence based on the recordings, the defence will need to bring a voice expect to determine if the confession was made voluntarily.
The trial continues.
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