Senzo Meyiwa trial: Witness claims she told senior magistrate about accused’s ‘unlawful’ detention

A state witness has dismissed the notion that she failed to act after one of the five men accused in the Senzo Meyiwa murder trial informed her about his “unlawful” detention.

The defence concluded with Magistrate Vivian Cronje’s cross-examination in the Gauteng High Court in Pretoria on Monday.

Trial-within-a-trial

Cronje faced tough questions in the witness stand last week as the court continues to hear evidence in a trial-within-a-trial, which is being held to determine the admissibility of confession statements made by Bongani Ntanzi and one of his co-accused, Muzikawukhulelwa Sibiya.

In her evidence-in-chief, Cronje, who took down Ntanzi’s confession on 24 June 2020, told the court the statement was taken freely and voluntarily and in the presence of his legal representative, Dominic Ntokozo Mjiyako as well as an interpreter.

ALSO READ: Senzo Meyiwa trial: Defence grills witness over ‘inducing’ accused into making confession

The court also heard that Ntanzi was arrested on 16 June 2020, and he appeared before Cronje eight days later.

According to the defence, Ntanzi was assaulted by police officers at four different locations before the alleged confession was made.

The suspect only appeared in court for the first time in October 2020 even though he should have done so 48 hours after his arrest.

‘Unlawful detention’

On Monday, Advocate Zandile Mshololo, counsel for Fisokuhle Ntuli, questioned Cronje on why she proceeded to take statement down Ntanzi’s confession despite the suspect having stated he hadn’t bathed since his arrest.

“After telling you that he had been kept in an unlawful detention, what did you do as a magistrate to release him?” Mshololo asked.

Cronje explained she went ahead and took Ntanzi’s confession since his lawyer was present.

She said the accused showed willingness to make a confession.

“He’s the one who showed that desire to speak or say something at the time. I also did not deem it necessary to stop with the proceedings,” the witness responded.

READ MORE: Senzo Meyiwa trial: Accused contradicts defence, claims no police torture

The magistrate also told the court it was not within her powers to release Ntanzi.

“This particular aspect [about his detention], I reported it to a senior magistrate upon the completion of taking down the confession,” Cronje said.

But Mshololo insisted Cronje had the power to stop taking Ntanzi’s confession after learning of his “unlawful” detention.

“Did you ask the police officer who had brought the accused why he has not been taken to court?” the advocate asked.

“No,” Cronje said.

Watch the trial below:

‘Lawyer was aware’

Cronje also conceded that she did not do anything regarding Ntanzi’s request to call his family and take a bath.

“So what was the use of you explaining to the accused that he must be free and report anything because you will be able to assist him?” Mshololo quizzed the magistrate.

The witness explained she could not make any arrangements on Ntanzi’s request except affording him protection against any irregularities and also reporting the matter to the police.

“I also want to mention that we are not speaking about someone who was not represented. The legal representative was very much aware of what was being said,” the magistrate said.

READ MORE: Cop says Senzo Meyiwa murder suspect’s confession wasn’t recorded

Under state prosecutor, George Baloyi’s re-examination, Cronje indicated that she does not know what action was taken after she reported Ntanzi’s concerns to her colleague.

“I didn’t hear about the matter thereafter.”

Ntanzi is one of five men on trial for Meyiwa’s murder.

The suspect has already been pointed out by at least two witnesses as one of the armed intruders, who entered the Khumalo household in Vosloorus on 26 October 2014.

All five men have pleaded not guilty to the former Orlando Pirates goalkeeper’s murder.