By Lehlohonolo Lehana.
The presiding judge in the murder trial of soccer star Senzo Meyiwa had to admonish the accused after one of the five men was caught on camera making threatening gestures at the witness.
This comes after accused number five, Fisokuhle Ntuli, was caught on camera on Thursday making facial and hand gestures at Contstable Sizwe Zungu who was testifying in the North Gauteng High Court in Pretoria.
Five men are on trial for the murder of the soccer star who was shot dead in 2014 while at Kelly Khumalo’s mother’s home in Vosloorus, east of Johannesburg.
On Thursday, Zungu said he was with the five accused at a hostel in Vosloorus, on the 26th of October 2014, the day the soccer star was killed.
Later that evening, he says he saw two of the accused returning with firearms after they had disappeared for some time. Zungu said he was suspicious for some time but after playing back the events, he was convinced they were responsible for the murder.
“I was sure that it was them. From accused number 1 to 5. That they came back and had firearms and they celebrated his death with a bottle of whiskey.”
Zungu recalled meetings with other top cops, such as former national Police Commissioner Khehla Sitole and Deputy Commissioner Shadrack Sibiya.
He said it was agreed in one of those meetings that he would stop talking about what he saw for his safety.
State prosecutor advocate George Baloyi told the court the accused was seen in the video clip making a hand gesture similar to that of pulling a trigger.
The accused made the hand gesture and facial expressions towards the witness, police constable Zungu.
Judge Ratha Mokgoatlheng asked the accused what he was conveying in the video, to which the accused said he does not remember.
“I don’t remember what it was we were talking about because the person being referred to (the witness) is seated and I couldn’t see him. He was obscured by the interpreter,” said the accused.
Ntuli’s lawyer Zandile Mshololo said she consulted with him and he denied his hand gesture was that of pulling a trigger.
“When I asked him what he was doing, he denied he was referring to the witness when he spoke with the gesture depicted in the video clip,” said Mshololo.
Baloyi said a gesture of the pulling of a trigger was “very serious”. He said he won’t insist on a formal inquiry but wants the court to admonish the accused.
He also requests that the court reprimand the accused and remind him that tampering with a witness could be considered as contempt of court.
Mshololo said while she appreciates the state bringing this to their attention, the court should also admonish witnesses, referring to state witness Tumelo Madlala who allegedly insulted the accused.
“If the state was serious and aware of what was being brought to the attention of this court, this ought would have been brought when Tumelo insulted our clients and the state did nothing.”
“As much as our clients should not act in any manner, the witnesses must be warned too,” she said.
Judge Mokgoatlheng said he knew all the “tricks” of a courtroom.
“Angis’yimpatha (I am not an idiot),” said the judge.
“I saw it. The accused are warned to desist from disturbing the decorum of this court while witnesses are giving evidence. No gestures should be made to distract any witness.”
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Video Courtesy of SABC.