Defence in Meyiwa Murder Asks for Charges to Be Dropped as Trial Pauses Again
Image: Picture: Oupa Mokoena Independent Newspapers
The murder trial of soccer star Senzo Meyiwa took another unexpected turn on Thursday, with lawyers for the five accused telling the court they plan to apply to have all charges dropped. This happened right after the state officially closed its case in the Gauteng High Court in Pretoria.
State Prosecutor George Baloyi stood up and told the court, 'It is precisely three years since the state started leading evidence. We now formally close our case.'
This marks the end of the prosecution's side of the trial. Now, it is up to the defence to decide whether the accused will testify or whether they will try to stop the trial completely by arguing that the state has failed to prove anything against them.
Defence lawyers said they plan to bring an application under Section 174 of the Criminal Procedure Act. This law allows a judge to dismiss charges if the state has not shown enough evidence to continue with the trial.
Charles Mnisi, who represents accused number three, said they were waiting on a decision from the Legal Aid Board to provide funds for the application. That decision is expected by 6 August. Mnisi then asked the judge to postpone the matter to 7 August, and Judge Ratha Mokgoatlheng agreed.
But Thursday's court session was not just about legal arguments. There was also more drama over the treatment of accused number five, Fisokuhle Ntuli.
Earlier in the week, Ntuli told the court he was being mistreated at Kgosi Mampuru Correctional Centre in Pretoria. He said he was not allowed to speak to his lawyer or family and was denied basic items he needed in prison. Judge Mokgoatlheng ordered that Ntuli be transferred to Leeuwkop Correctional Centre in Sandton.
On Thursday, top officials from Correctional Services came to court to explain the situation. They said Ntuli had been moved to the high-security C Max section of the prison after he was allegedly caught with a cellphone during a search on 8 July. Ntuli denied this and said it was not true.
His lawyer, Zandile Mshololo, told the court that his rights were being violated. She insisted that the court's transfer order must remain in place and that her client had been treated unfairly.
The area prison boss, Emmanuel Khoza, admitted there had been delays and mistakes but said the court's order had made it harder for the prison to manage discipline. He warned that they might appeal the judge's decision. 'We feel disempowered,' he said. 'But we apologise and commit to making sure the court runs smoothly.'
Judge Mokgoatlheng did not back down. 'You can bring a formal application if you want the decision changed,' he said. 'But for now, my order stands.'
Mnisi also backed the judge, saying courts have the power to run their processes. He blamed the correctional centre for delaying the court each day. 'This court starts late because accused persons are not brought on time,' he said.
The five men on trial — Ntuli, Mnisi's client Mncube, plus Muzikawukhulelwa Sibiya, Bongani Ntanzi, and Mthokoziseni Maphisa — are all accused of being involved in the murder of Meyiwa, who was shot at the Vosloorus home of his girlfriend, singer Kelly Khumalo, in 2014.
All five have pleaded not guilty to murder, attempted murder, armed robbery, and illegal possession of firearms and ammunition.
With the state's case now closed and the trial postponed again, the spotlight will now be on the defence. If their application to drop the charges succeeds, it could bring the trial to an early end.
The court is set to resume on 7 August.
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