Judge Ratha Mokgoatlheng expressed his disappointment after learning that a classified document might have been leaked to the five suspects accused of killing soccer star Senzo Meyiwa.
This comes after Mokgoatlheng on Tuesday ordered Sergeant Vusumuzi Mogane to bring the documents to court.
This request was made after Mogane told the Gauteng High Court, Pretoria, that he travelled with accused number two, Bongani Ntanzi, from the Sibanye-Stillwater mine in Westonaria on the afternoon of June 18, 2020, and only took him to his prison cell at 2:30am.
Mogane said he attended several cases while travelling with Ntanzi, according to his explanation, he didn’t return him to his cell because he thought he would be bored alone in his prison cell.
Mokgoatlheng asked him to bring documents of the cases he attended.
On Wednesday, after a short adjournment, Mogane asked to address the court, saying he saw the classified document he brought being read by the accused.
He said he gave State prosecutor advocate George Baloyi the documents, which were in an envelope.
“During the break, the document that was written was confidential; I saw it running around,” he said.
“Who had it?’’ asked judge Mokgoatlheng.
“I saw Muzi having it, and other suspects were reading it. I’m worried for our witnesses in those cases, and some of those cases also affect some of the accused in this matter.
“In all of these cases, people have been shot, people have been kidnapped, and others have been threatened. Now, I am worried for my witnesses; I’m not sure if tomorrow they will still be alive,” said Mogane.
Mogane asked whether the document was meant for the court or the accused.
“It was for the court. I am shocked. In fact, I was supposed to peruse it first. I’m shocked that senior counsel like this can behave like this. This gentleman is correct that people can be shot,” said the visibly upset Mokgoatlheng.
Advocate Thulani Mngomezulu and advocate Charles Mnisi distance themselves from leaking the document.
Mnisi said it was unfair for Mokgoatlheng to address that without any evidence of them doing wrong.
Meanwhile, advocate Zithulele Nxumalo said he showed his client the document because the evidence had already been led in court.
Judge Mokgoatlheng said the document will not form part of these proceedings, and the evidence has been contaminated.
This court makes a ruling that this information must be expunged on the basis that other people’s lives could be jeopardised.
However, after lunch, Mokgoatlheng changed his mind and said he was advised that the document should form part of the proceedings.
IOL