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Senzo Meyiwa trial: Second docket implicating Kelly Khumalo and others throws case into disarray

File Picture. Picture: Goitsemang Tlhabye

File Picture. Picture: Goitsemang Tlhabye

Published Jun 8, 2022

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Johannesburg - The Senzo Meyiwa murder trial resumed at the North Gauteng High Court in Pretoria today where proceedings began with forensic expert Sergeant Thabo Mosia still on the stand under cross-examination by defence advocate Zandile Mshololo.

The case seems to have stalled after advocate Mshololo requested the case to be postponed.

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The request came about after Mshololo revealed that she was unable to cross-examine Mosia further because there was a second case docket that had been opened for Meyiwa’s murder to which she had not been privy when the trial started.

The docket includes a statement from Mosia, which he deposed in June 2019.

Mshololo said she had requested the State to confirm the contents of the second docket so that she could cross-examine Mosia from an informed position as she had only received the docket earlier this morning.

She further explained that the contents of the document were relevant to her client's defence.

Contained in the docket is a decision by the director of public prosecutions in Gauteng to have the following people charged: Chicco Twala’s son Longwe Twala, Senzo Meyiwa’s then-girlfriend Kelly Khumalo, Kelly’s mother Gladness Khumalo, Kelly’s sister Zandi Khumalo, Senzo’s childhood friend Tumelo Madlala, Mthokozisi Thwala and Maggie Phiri, who is said to have cleaned the crime scene before the police officers arrived.

Mshololo took exception to the fact that the State knew about the docket implicating others since March but had failed to inform her.

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She said the existence of the second docket clearly depicted a “conflict of interest” but she would be unable to continue until she had confirmed the contents of the docket in full.

Attorney TT Thobane, who is the instructing attorney for advocate Dan Teffo, representing the first four accused, stated that he too felt that a postponement was necessary.

However, he did not think it should be a lengthy postponement and stated that Mthobisi Ncube, Accused 3, was being threatened in jail.

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Thobane added that Mshololo did not need much time to read the second case docket.

Mshololo took exception to the statement as she believed it was the State’s fault that they now found themselves in this position. She launched a verbal tirade directed at the State.

She said: “It is surprising to hear the State telling me that I need to be given a short adjournment.

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“With all due respect, my lord, I cannot be told by any of the counsel in this case on how long I need to read the document.

“The person who has put this court, this trial, to shame is the State, who failed to disclose such crucial information and decided to charge the accused who are before this court after charging other people.”

Judge Tshifhiwa Maumela reiterated that it was important to remember that there were people in custody and there needed to be a speedy resolution.

“I keep in mind that there is a family that lost its son... It’s up to the four of us to see to it that justice is done in any matter,” he said.

Judge Maumela postponed the matter to Monday, June 13, to liaise with court planners on available dates for the trial to resume, once Mshololo has been able to familiarise herself with the second docket and to consult with her client.

IOL

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