‘I can’t be sitting in this case until I die,’ says judge as accused wants Senzo Meyiwa trial suspended

One of the accused in the Senzo Meyiwa murder trial has once again raised concerns about alleged mistreatment at the prison where he is held.

The trial resumed in the Gauteng High Court in Pretoria on Monday after a two-week recess.

On the last occasion, Advocate Charles Mnisi, representing accused three Mthobisi Mncube, informed the court about his client’s conditions in prison.

Mnisi claimed that Mncube was allowed only one hour outside his cell at the Kgosi Mampuru II Correctional Centre, which has made it challenging for the lawyer to consult with him.

Senzo Meyiwa trial: Accused unhappy with prison treatment

Providing an update on the matter, Judge Ratha Mokgoatlheng revealed that he informed Gauteng Judge President Dunstan Mlambo about Mncube’s complaint.

Mokgoatlheng advised Mnisi to bring an application to court defining his client’s rights.

“Apparently, your client is alleged to be a security risk, whatever they mean by that. So, you have to bring an application. There is no other way to do it,” he said.

Mnisi stated that Mncube expressed feeling “mentally drained” and that he had reached a breaking point, saying “he can no longer take it” after allegedly spending over four years in solitary confinement.

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The accused is now seeking to have the trial halted.

“He is basically requesting that he be afforded the opportunity to try and get an attorney and an advocate through his family that is going to assist him, but the unfortunate part is he will not be in a position to do that when he is also attending this court.

“So, that means for him to be able to fight the battle… is for this trial to be suspended,” Mnisi explained.

Judge denies accused’s request

The defence lawyer added that he would not be able to assist with the application.

However, Mokgoatlheng denied the request, citing the need to consider the interests of justice, including the other accused and the witnesses involved in the case.

“Even myself, I can’t be sitting in this case until I die,” he said.

READ MORE: ‘I didn’t attend the crime scene’: Expert explains his ‘limited’ role in Senzo Meyiwa murder trial

Mnisi warned that the current predicament could see his client applying for a separation of trial.

“I have never heard of a separation of trial at this late stage, never,” the judge replied.

Mokgoatlheng added that there was “nothing this court can do”.

The advocate previously likened Mncube’s detention to the notorious Guantanamo Bay prison in Cuba.

Watch the trial below:

Five men on trial for Senzo Meyiwa’s murder

Meyiwa was shot and killed while visiting Khumalo at her mother’s residence in Vosloorus, Gauteng, on 26 October 2014.

Mncube, Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthokoziseni Maphisa, and Fisokuhle Ntuli are on trial for Meyiwa’s murder.  

They face charges of murder, attempted murder, robbery with aggravating circumstances, possession of an unlicenced firearm, and possession of ammunition.

All five men have pleaded not guilty.

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