The application by singer Kelly Khumalo’s lawyer Advocate Magdalene Moonsamy, to be admitted as a ‘watching brief’ in the Senzo Meyiwa murder trial was unsuccessful yet again. The singer’s lawyer Advocate Magdalene Moonsamy wrote a three- page- letter to the court requesting to be admitted in the case as watching brief and to have access to contents of the case. But state prosecutor George Baloyi, defense lawyers Advocate Tshepo Thobane and Advocate Zandile Mshololo rejected the request.
Baloyi told court that the request was “undesirable” and the situation was different because Kelly Kelly could be called to testify. The legal representative for four of the five men, Advocate Tshepo Thobane said Moonsamy was wasting the “court’s time” and that it is “unethical” for her to request for or transcripts and dockets in the matter.
While the defense lawyer for accused number five, Advocate Zandile Mshololo said Khumalo will not be prejudiced if Moosamy’s application was rejected by the court. “There is no prejudice that will be suffered by Khumalo if her watching brief is not allowed in this court, instead the prejudice will be suffered by the accused before this court, because in other words she is demanding to have information before she comes to testify, which is not allowed in law,” she said.
Earlier this year, the court ruled that Moonsamy can’t be a watching brief in the matter as Kumalo was a witness in the trial. Today Judge Tshifhiwa Maumela rubber stamped the previous judgment.
“The ruling that has already been made in this matter which still stands is going to be abided by by all of us in this case,” he said. Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli have pleaded not guilty to charges of Murder, robbery with aggravating circumstances, possession of a firearm and ammunition.
