Judge Ratha Mokgoatlheng during the Senzo Meyiwa murder trial at Pretoria High Court on 17 July. Picture: Gallo Images/Phill Magakoe
Legal Aid SA has revealed that arrangements with the court have been made for the evidence of a ballistic expert witness to be heard in the Senzo Meyiwa murder trial on 20 May.
Five men are accused of shooting and killing the former Orlando Pirates and Bafana Bafana goalkeeper when he was visiting his then partner, Kelly Khumalo, at her mother’s residence in Vosloorus on 26 October, 2014.
At their last court appearance in the Gauteng High Court in Pretoria on 25 March, Advocate Thulani Mngomezulu, for accused one Muzikawukhulelwa Sibiya, argued that it cannot be proven that his client was in Gauteng the day Senzo Meyiwa was killed.
ALSO READ: Meyiwa murder trial: ‘It cannot be proven accused was in Gauteng on day Senzo was killed’
Appointed to represent accused three Mthobisi Mncube, judicare practitioner Advocate Charles Mnisi made a formal request for approval to appoint a ballistic expert witness for the case.
“The Legal Aid Manual, which details the necessary processes for the delivery of legal aid, stipulates in Section 4.4.3(f) how a request for an expert witness must be submitted and processed,” Legal Aid SA explained in a statement on the matter.
“These instructions were communicated to Advocate Mnisi on the same day the request was received, confirming the further information and documents required from him in order for expert witness services to be approved.
“Advocate Mnisi has not yet responded with the requested information.
“On 15 April, 2024, Judge Ratha Mokgoatlheng requested Legal Aid SA Management to clarify the status of the appointment of the expert witness and if there are any challenges to finalise the process and continue with the trial.”
Legal Aid’s acting Gauteng Provincial Executive, Mmeli Motsepe, confirmed that a meeting took place on Tuesday, 16 April, in court.
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“The Head of the Legal Aid SA Pretoria Local Office, Flavia Isola, met with the Presiding Judge [Ratha Mokgoatlheng] and confirmed the timeline of the request to appoint a ballistic expert witness,” Motsepe said.
“Advocate Mnisi was also present at court. He confirmed Isola’s version of events and that he has not yet submitted the documents requested by Legal Aid SA.
“Isola will be meeting with the lawyers involved in the case to understand their progress in submitting the requested documents and assist with any challenges they may be facing.
“This meeting will take place on Thursday, 18 April, 2024. We are confident that the lawyers will leave with a clear understanding of our systems and procedures”.
The court also agreed that the evidence of the expert witness will be heard on 20 May 2024, giving the defence attorneys and Legal Aid SA time to finalise internal processes, Legal Aid stated.
Every financial year, all Legal Aid SA Local Offices convene a Judicare Briefing, inviting the private practitioners registered with the office to update them on how to handle accounts, including the submission of different documents.
“We encourage Judicare practitioners to familiarise themselves with these processes and contact our offices when needing clarity on any matter,” said Motsepe.
ALSO READ: Senzo Meyiwa: Judge Mokgoatlheng apologises for comments about black lawyers
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