Gauteng High Court, Pretoria Judge Tshifhiwa Maumela made a U-turn in court today as he excused Kelly Khumalo’s legal representative, Magdalene Moonsamy from her “watching brief” in the trial looking into the murder of former Pirates soccer player Senzo Meyiwa.
Moonsamy announced at the start of the trial on April 11, that she would be joining the trial proceedings on a “watching brief” on behalf of Khumalo as one of the victims in the matter.
The addition was allowed by Maumela, however as the trial started last week advocate Malesela Teffo, the defence for accused, one up to four indicated he was uncomfortable with her presence in court.
This was after Maumela had requested all the witnesses to leave the courtroom until they were called in.
Teffo informed the court that he was uncomfortable with Moonsamy’s presence in court as there was a potential of Khumalo being a witness and her lawyer would as a result be able to give her feedback after each appearance.
He also raised concerns of Moonsamy possibly having access to certain documents such as the list of witnesses pertaining to the matter.
Judge Maumela dismissed the request by Teffo, however as the matter began today, Maumela had a change of heart and excused her from the matter.
He said following discussions in chambers it had been decided for the purity of the trial for Moonsamy to be excused as Khumalo was a potential witness in the matter.
“She can only sit in- should the state call Kelly Khumalo as a witness,” said the state prosecutor advocate George Baloyi.
Following this the state led the evidence of sergeant Thabo Johannes Mosia attached to the Springs criminal record and crime scene management division and he was one of the first officers who attended to the scene on October 26 2014.
Mosia testified to the court how he had received the call to attend to the incident at the Khumalo residence in Vosloorus around 11.45pm and arrived at 12.20am
The officer said he was taken on a walk-through of the scene by another officer and he collected a fragmented bullet, a grey, white and brown hat as well as a silver walking stick.
Mosia said he was responsible for collecting, packaging and processing all exhibits on the scene.
He said during the walkabout they were able to establish that the group entered the house through the kitchen door.