The defence lawyer in the Senzo Meyiwa case, Tshepo Thobane will bring an application for another court to review the proceedings, arguing that the pending decision by the Director of Public Prosecution (DPP) on the unsigned indictment implicating people that were in the house when the skipper was shot and killed, is putting witnesses in a corner” and a violation of the suspects constitutional rights”.
Earlier this year, an unsigned indictment emanating from the ‘second docket’ indicated that the people who where in the house, including Meyiwa’s girlfriend, Kelly Khumalo – when Bafana Bafana captain, was gunned down were supposed to be charged with murder and defeating the ends of justices.
The DPP has written to the court on the unsigned indictment saying it was an opinion of a junior advocate and a decision will be made after the trial is concluded. Five men have pleaded not guilty to charges of murder, robbery with aggravating circumstances, unlawful possession of a firearm and ammunition. Now the defence lawyer of four of the accused, Tshepo Thobane said he wants the trial proceedings reviewed.
“Honourable justice, we have a problem which affects the constitutional rights of the accused in regards to those matters from the DPP hence our instructions are that either after this witness or before the witness finished , we make a proper application to review this proceedings.
“These letters are exhibits, affects the way the witness is going to testify. Basically these letters are putting the witness in a corner – it is up to you whether you implicate yourself or not,” said Thobane.
Thobane said the witnesses are being limited by the pending decision and the suspects rights are violated. “If you don’t implicate yourself, you will be free and if you implicate yourself you will be charged. What we are saying is that the state is grappling with straws. Hence our instructions are to make an application for a review.
“I put a notice to say once this witness finished testifying, we request this matter be stood down so that we make a proper application in another court for review of the proceedings because there are clear constitutional violations of the witness in the box who can not testify freely,” said Thobane.
The defence lawyer for the fifth accused, Zandile Mshololo questioned Meyiwa’s close friend, Tumelo Madlala who was inside the house when the incident happened on the unsigned indictment. Mshololo questioned Madlala on the letter from the DPP regarding the unsigned indictment implicating him, singer Kelly Khumalo, her sister Zandile, their mother Gladness, Longwe Twala, Mthoko Twala and Madlala who were allegedly all in the house on the day of the murder.
State Prosecutor, George Baloyi objected to the line of questioning saying it was “speculation” as the decision is still pending. The second docket has since been transferred to the DPP, Gauteng Division Pretoria for a decision which is expected at the end of the trial.
