THE State has applied to reopen its case in the murder trial against Melvin Volkwyn, for the sole purpose of clarifying new evidence brought about by the defence.
The defence closed their case at the Western Cape High Court on Thursday before the State requested the court to call the mother and father of slain toddler, Orderick Lucas.
This is to deal with evidence which implied that the child’s mother Davidene Lucas had the toddler with her the night before he disappeared.
However, state prosecutor Mornay Julius, when requesting the court to call the witnesses to court, had initially not done so under the correct section of the Criminal Procedure Act, the court heard.
Julius had made the application to give Orderick’s parents “an opportunity to respond to the allegations” that the child was last seen in Davidene’s care.
Proceedings were halted for acting Judge Nolundi Nyati to review the application before giving the go ahead for the State to explore the new evidence brought by Locrisia Goliath and Betty Cloete.
The two said they had seen Lucas on the evening of March 25, 2019, at the tuckshop on their premises, buying a nappy and cigarette.
Defence attorney Susan Kuun had objected to the application brought by the State saying that it would not further the case other than the witnesses denying the new evidence.
“The fact is they (Lucas and Kounkou Dziendelet) already testified when they said the last time they saw Orderick alive was on the Sunday night. To now call them and ask about Monday night ... are they now going to change their evidence? I cannot see how this can take the matter any further. I think the prosecutor is now clouding the court with unnecessary evidence and wasting the court’s time,” said Kuun.
Judge Nyati said: “Yesterday, at the close of the defence’s case, the State made an application to recall two of its witnesses in light of new evidence from the defence’s case. To note, it was an application by the State to which the defence objected.
“It was never in the mind of the court to recall witnesses, especially on behalf of the State. The Court is granting the application to clear up that piece of evidence, it is not to close the gap,” said Nyati.