Meyiwa accused’s lawyer argues rights were violated

The defence in slain soccer star Senzo Meyiwa murder trial insists accused Bongani Ntanzi’s constitutional rights were infringed when magistrate Vivian Cronje recorded him while taking his alleged confession to the crime.

It has also opposed the state’s application to lead evidence based on the audio recording, saying Ntanzi was not informed that he was being recorded. 

In June 2020, Cronje recorded Ntanzi making the alleged confession.

State prosecutor George Baloyi on Wednesday made a U-turn in court, saying he will lead evidence on the recording in an ongoing trial within a trial about the validity of Ntanzi's confession.

Baloyi argued 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. 

Adv Thulani Mngomezulu, who is representing Ntanzi, said the court should exclude the evidence the state had presented because of the manner it was obtained.

“Evidence obtained in the manner that violates the right [of a person] in the bill of rights must be excluded. Admission of that evidence would render the trial unfair,” said Mngomezulu.

Adv Zandile Mshololo for Fisokuhle Ntuli also submitted that Ntanzi's rights were violated.

“The witness, which in this case is the magistrate Cronje, when she was taking the [confession] statement ought to have explained the constitutional right of the accused specific to the recording...to say above taking the statement in writing, I will also record you and it will be used against you in court,” she said.

However, Baloyi argued that Cronje had no intention to use the recording against Ntanzi and that his rights were  not infringed. 

“The magistrate recorded the statement mainly out of keeping with practice when doing work in her office, out of personal choice and her own safety and not for official purpose.

“My Lord, we submit that the recording is the electronic recording of what the accused was telling the magistrate so we submit that there’s no room to argue that his rights were infringed,” he said.

The submissions has delayed the defence from cross-examining Cronje for two days.

The state in its submission mainly focused on the section 4 and 5 of the Communication Act and the RICA Act.

The court is expected to rule on the admissibility and authenticity of the recording on Friday .

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