Senzo Meyiwa murder trial: Defence abandons special entry application over second docket

Advocate Zandile Mshololo, the defence lawyer for one of the five men standing trial for the murder of former Bafana Bafana captain Senzo Meyiwa, has abandoned her application challenging the non-disclosure of the controversial second docket in court records.

Advocate Mshololo – who represents accused number five, Sifisokuhle Ntuli – on Monday brought a special entry application regarding “irregularities” related to the State’s failure to disclose to her the contents of the second docket.

The docket included photo albums of the crime scene and the affidavit of Brigadier Johan Ndlovu, who passed away before the murder trial could start.

The infamous second docket – known as case 375 – implicates Meyiwa’s then-girlfriend and singer Kelly Khumalo as well as six other witnesses who were inside her mother’s Vosloorus home when the soccer star was shot and killed on 26 October 2014, in an alleged botched robbery.

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Advocate Mshololo had argued the late disclosure of case 375, midway through the trial, had violated her client’s constitutional rights to a fair trial and prejudiced him from preparing a proper defence.   

The State had opposed Mshololo’s special entry application, arguing that it was premature at this stage of the trial.

‘An unwise use of time’

After meeting with presiding Judge Tshifhiwa Maumela on Tuesday morning, in his private chambers along with State prosecutor George Baloyi and instructing attorney Tshepo Thobane, Advocate Mshololo agreed to drop her application in the interest of the trial.

Judge Maumela agreed with the stance taken by Mshololo, saying the application would have been “an unwise use of time” due to the numerous delays that had affected the trial from proceeding.

“All four of us agreed that Advocate Mshololo is no longer going to pursue this application in the way that it was proceeding in the interest of saving time for better use of purposes of this case,” he said.

READ MORE: Kelly, other witnesses hiding things about Senzo’s murder – former investigating officer

The judge also agreed that Thobane, who represents accused number one to four, would submit his heads of argument to the court record without making oral arguments.

He further acknowledged Advocate Mshololo’s concerns about the late disclosure of the second record by the State.

“I note that the discovery for purposes of this case did not benefit all parties on an equal footing, specifically that Advocate Mshololo was left out in the sense of the timing that [the] discovery for her benefit was much later than sooner,” Judge Maumela said.

Johan Ndlovu’s statement

At the same time, Judge Maumela also ruled Brigadier Johan Ndlovu’s statement could be read in court as part of Advocate Mshololo’s cross-examination of State forensic officer, Sergeant Thabo Johannes Mosia.

Ndlovu was part of the initial police team in 2014 that investigated Meyiwa’s murder case and he is understood to have given Sergeant Mosia instructions on the night he (Mosia) collected forensic evidence at Khumalo’s Vosloorus home in the East Rand.

Advocate Mshololo believes the affidavit would contradict some of the evidence already given in court by Mosia.

Judge Maumela rejected Advocate Mshololo’s request for the statement to be read out, adding that it could come across as though the State had something to hide regarding the police’s investigations.  

Because of this, he ruled it was in the interests of justice for the statement to be placed on record.

“Based on that, it is my considered view that it will be in the interest of justice if the statement by Brigadier Ndlovu is read.

“And if the issues emanating from the statement by Brigadier Ndlovu, that are deemed to be relevant for the purposes of cross-examination by Advocate Mshololo are indeed raised, everyone can hear for themselves how Sergeant Mosia responds to questions revolving around that,” he said.

Five men – Sifisokuhle Ntuli, Muzikawukhulelwa Sthemba Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Ncube and Mthokoziseni Ziphozonke Maphisa  – are facing a string of charges in connection with Meyiwa’s murder.

The group has pleaded not guilty to the charges against them and have all been denied bail.

 Presiding Judge Tshifhiwa Maumela postponed the trial to Wednesday morning for Advocate Mshololo to continue with her cross-examination of Sergeant Mosia.

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