By Lehlohonolo Lehana..
The first accused in the Senzo Meyiwa murder trial, Muzikawukhulelwa Sibiya, has brought an application to have his case reopened in the trial within a trial on the admissibility of a confession he made.
On Monday the Pretoria high court was expected to hear closing arguments in the trial within a trial.
However, one of the defence lawyers, advocate Thulani Mngomezulu, informed the court the Legal Aid Board had told him it would not pay him for the services he had offered to Sibiya in the trial within a trial.
“After discussion and the consultation with the accused person, it has been made clear to accused No 1 that the Legal Aid Board has made a final decision that I will not be paid for the work I have done since I started the trial within a trial. Over the weekend I was called by his uncle, who indicated they still require my services. They would rather terminate the services of the Legal Aid Board and instruct me privately,” he said.
Sibiya confirmed to the court he has terminated the mandate of Sipho Ramosepele and Mngomezulu will represent him.
Mngomezulu said he had received instructions from Sibiya to reopen his case in the trial within a trial as he intends to call three more witnesses.
“There are certain witnesses he intended to call. He instructed me to bring an application to reopen the defence case on his behalf and call the witnesses he intends to call. According to the instruction and discussion we had, it relates to police officers and I was told they have to be subpoenaed. But I indicated to the witnesses when I consulted with them that they can’t wait 14 days to be subpoenaed. At any given stage this week, if the court may so direct, they may come to court to give evidence.”
He said the witnesses they intend to call include generals Vincent Leshabane and Shadrack Sibiya and W/O Meshack Makhubo.
“Because of those reasons, this court will bend backwards, so this case has been postponed to Wednesday,” said Judge Ratha Mokgoatlheng.
“That is enough time for Mngomezulu to consult with his witnesses and prepare the heads of arguments.”
Five men are being tried for the Bafana Bafana captain’s 2014 murder, and the State insists two of the men confessed freely and voluntarily.
The State and defence spent two months leading evidence in the trial within a trial, and now counsel will make oral submissions for and against the admissibility of the confession statements.
The crux of the arguments by Sibiya and Bongani Ntanzi, who are both accused of Meyiwa’s murder, is that they were severely beaten into signing confession statements that were already written.
However, the State believes police ticked all the required boxes when taking confessions, including ensuring that the accused were in their sound and sober senses, and that they made the statements freely and voluntarily.