A second indictment in the Senzo Meyiwa murder trial, opened against people at the Vosloorus home where the footballer was shot dead, blocked the trial on Wednesday.
Attorney Zandile Mshololo, who was one of the accused , told the Pretoria High Court that she needed clarification from the National Prosecution Service on the two counts as they identify different suspects and charges.
The prior non-disclosure of the second count put her client at a disadvantage, she said.
“Failing to provide Defendant 5 with such documents violated his right to further details, all the information that the state has in order to prepare his defense,” Mshololo said.
The filing the court heard opened in 2019, five years after Meyiwa’s death, and named Kelly Khumalo, Longwe Twala, Gladness Khumalo, Zandi Khumalo, Tumelo Madlala, Mthokozisi Thwala and Ma ggy Phiri as a suspect in a murder case and defeating the goals of justice.
Mshololo said, “I can’t do subm negotiations until I’ve spoken to the author of this document.”
She also failed to proceed with the cross-examination of the first state witness, forensic expert Sgt. Thabo Mosia.
The second file was finalized by the defense for four of the accused, Malesela Teffo, during Mosia’s cross-examination week.
Mshololo said she wanted time to study the document to understand why two directors of prosecutions reached different conclusions. “And until we receive those reasons, we can [only] inform this court whether we can proceed.
“The state has to give us reasons for the decision that has been made, whether this is a misjudgment or whether we should perhaps have 10 defendants charged here , the other defendants should have joined here or they shouldn’t have joined – we don’t know.
“Consequently, I request that this matter and the remainder of this session be adjourned,” she said.
The matter has been raised Postponed Monday.
Five men – Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli – are on trial on charges of first degree murder, attempted murder and robbery in aggravated circumstances, possession of firearms none License and possession of ammunition. They plead not guilty.
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