Judge Ratha Mokgoatlheng during the Senzo Meyiwa murder trial at Pretoria High Court on 17 July 2023. Picture: Gallo Images/Phill Magakoe
Two of the five men accused of killing former Orlando Pirates goalkeeper, Senzo Meyiwa are seeking the dismissal of their alleged confession statements.
The trial resumed in the Gauteng High Court in Pretoria on Wednesday, but was postponed after a request from the defence.
During proceedings, prosecutor George Baloyi told the court the state was ready to lead evidence on the statements made by the accused in the trial.
Baloyi said the state was in possession of two confessions from accused one, Muzikawukhulelwa Sibiya, and accused two Bongani Ntanzi, relating to Meyiwa’s murder on 26 October 2014.
“The state also intends to lead evidence on the warning statements of all the accused. As far as, the confessions are concerned, I have been told by [the defence] that the admissibility thereof is being challenged on various grounds,” he said on Wednesday.
The prosecutor, therefore, requested a trial within a trial to determine the admissibility of all the statements.
However, Sipho Ramosepele, defence lawyer for Sibiya and Ntanzi, asked the court to dismiss the alleged confession statements, arguing they were made because police allegedly tortured and coerced them into doing so.
While Judge Ratha Mokgoatlheng said he was satisfied that a trial within a trial can take place, Ramosepele asked the court for a postponement much to the displeasure of the judge.
“The [Judge President of Gauteng High Court] is concerned about the pace this trial is taking. The JP is saying there are other trials which are awaiting [the state prosecutor]. They have all stopped because of this trial,” Mokgoatlheng said.
Nonetheless, the judge granted the postponement until Friday to allow Ramosepele enough time to consult with his clients.
Earlier, Baloyi read out Ntanzi’s bank statements in terms to Section 236 of the Criminal Procedure Act.
Ramosepele challenged the state’s move, saying there was a certain transaction Ntanzi made in KwaZulu-Natal (KZN) which was missing from the bank records.
“I was given instructions that on the 25th of October 2014, there were certain transactions showing and indicating that they were done in Nongoma by accused number two and when we look at the records furnished to us those transactions are not reflected in this statement,” the lawyer said.
He told the court Ntanzi had obtained a loan from Capitec Bank to perform a ceremony.
READ MORE: Sketchy evidence? Senzo Meyiwa murder trial sees cop grilled on suspects’ identikits
Ramosepele also said the defence could not hire a chartered accountant to vet the bank statements due to financial constraints.
“I, however, endeavored with a friend in a personal capacity because she works for one of the institutions where certain transactions is alleged to have happened. So she said she will ask her company whether she can access the back-dated records … to see whether that swiped transaction appears on their bank records.”
But Baloyi argued the bank statements should be accepted as prima facie evidence.
The prosecutor revealed there were no transactions from 25 to 28 October 2014 on his account squashing the alibi provided by the defence.
The state had been allowed to proceed with Ntanzi’s bank statements after the judge ruled the defence could not stop the leading of the evidence.
“Nobody can force an accused person to accept evidence if he doesn’t want to accept it. You have a right to challenge this evidence, but you cannot stop the state from leading this evidence on the basis of a missing loan transaction,” Mokgoatlheng said on Wednesday.
Mokgoatlheng had indicated that the defence had a right to subpoena a bank official from Capitec to come and testify in court.
The court previously heard that Ntanzi reported for work at the Sibanye Gold Mine’s Driefontein shaft in Carletonville when Meyiwa was killed.
According to the mine’s human resource manager Hendrik Mulder, Ntanzi did not work on the day in question as he was off and had taken unpaid leave.
Mulder told the court the accused only returned to work on 2 November.
In addition, the court also heard how all the five accused were excluded from DNA swabs that were taken from the crime scene of Meyiwa’s murder.
The former Bafana Bafana goalkeeper was fatally shot by what the state alleges were armed intruders at the Vosloorus family home of his then girlfriend, singer Kelly Khumalo, on 26 October 2014.
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