Judge Mokgoatlheng furious after defence attorney fails to contact him.

By Lehlohonolo Lehana.

The murder trial of former Bafana Bafana and Orlando Pirates captain Senzo Meyiwa hit a snag as the defence lawyer for accused number one, advocate Thulani Mngomezulu, was absent from proceedings.

Mngomezulu sent a letter to the court registrar this morning saying he was unwell. He represents one of the five accused, Muzikawukhulelwa Sibiya.

Advocate Zandile Mshololo stood in for Mngomezulu and informed the court that he was unable to attend due to illness, having visited a doctor.

Mngomezulu, through Mshololo, conveyed his apologies and indicated that he would conduct his cross-examination upon his return.

Judge Mokgoatlheng says information that the defence counsel not being well should have been communicated with him.

“When I say advocates do not respect judges, people think I’m just being impossible. I made remarks in front of Mngomezulu that you communicate with the judge personally, you don’t communicate via a secretary, you don’t.  Because now he is telling us that he will cross-examine when he comes back, and he knows the procedure in court.”

Mngomezulu’s absence follows his previous indication that he would challenge bank records presented by the state.

These contentious records, revealed on Thursday, shed light on the movements of Sibiya, one of the five men accused of Meyiwa’s murder.

Contradicting Sibiyas alibi, the bank statements placed him in Gauteng at the time of the crime rather than in KwaZulu-Natal, as he had previously claimed.

The absence of Mngomezulu and the revelation of contradictory evidence have further complicated the trial, prompting Mokgoatlheng to adjourn proceedings until Monday.

Meyiwa was shot dead in Vosloorus on the evening of October 26 2014. The footballer and his girlfriend at the time, singer Kelly Khumalo, had been spending Sunday at her mother Ntombi’s home with family and friends when they were accosted by two intruders.

The case went unsolved until it was taken over by the cold case unit led by senior investigator Brig Bongani Gininda in 2018. This led to the arrest of five suspects in 2020.

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