By Lehlohonolo Lehana.
The murder trial of former Bafana Bafana and Orlando Pirates captain Senzo Meyiwa encountered another setback as the defence raised concerns over the state’s failure to provide evidence.
The trial, which faced interruptions last Friday and Monday, remains in limbo pending the defence’s request for crucial bank and cellphone records.
Presiding judge Ratha Mokgoatlheng granted time for the state to furnish the records and instructed all parties to reconvene on Tuesday to set a trial continuation date, conditional upon the defence’s review of the evidence.
During the brief session on Tuesday, the state informed the judge that it had supplied the defence with required bank records from Standard Bank and Absa. This was in addition to previously provided Nedbank records.
However, state prosecutor advocate George Baloyi disclosed that additional records were forthcoming, as some hard copy records still required sorting.
Despite the state’s efforts, defence advocate Thulani Mngomezulu voiced discontent. He alleged unfair treatment towards the accused. Mngomezulu lamented, asserting that such delays compromised the accused’s right to a fair trial.
“Today is the 30th of April, and the state is still furnishing the defence with further particulars. I would submit with respect my lord that this amounts to unfair trial to the accused,” Mngomezulu said.
He also expressed dissatisfaction with the incompleteness of the records received, emphasising their significance in proving the state’s case. Other defence lawyers echoed his concerns, stressing the importance of thorough evidence collection.
“Those [records] are relevant in proving the state’s case beyond reasonable doubt,” he stated.
In response, the state assured the court that all remaining records would be handed over by the end of Tuesday.
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.
Five men – Muzi Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Ziphozonke Maphisa, and Fisokuhle Nkani Ntuli, are standing trial and all pleaded not guilty.