By Lehlohonolo Lehana.
The defence team of four of the men accused of murdering former Orlando Pirates goalkeeper Senzo Meyiwa said they would open a case of defeating the ends of justice against singer Kelly Khumalo’s attorney, Magdalene Moonsamy.
Meyiwa was shot at Khumalo’s house in Vosloorus, Boksburg, on 26 October 2014.
Muzikawukhulelwa S’Tembu Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Ziphozonke Maphisa and Fisokuhle Ntuli were charged with the murder.
On Wednesday, the Gauteng High Court in Pretoria heard that a witness, to be called by the defence, would testify that Khumalo shot Meyiwa by “mistake”, using a revolver brought to the house by Longwe Twala.
Moonsamy has hit back at defence advocate Malesela Teffo, who told the High Court in Pretoria that a witness will tell the court that the musician and socialite fatally shot her boyfriend Meyiwa by mistake.
She said the allegations made by Teffo, while cross-examining veteran police forensic expert Sergeant Thabo Mosia, amount to intimidation and character assassination.
“We are absolutely making formal submissions, this (is) intimidation that has been ongoing against myself and my client and (it is also) public persecution. We need to know which eyewitness is that?” Moonsamy said.
“We know that criminal law is based on evidence that must be tested. The way we understand what is unfolding in court, the biggest curiosity that posts itself is the intimidation of the defence for the accused, and how that then results in circumstances where we cannot be represented.”
The attorney insisted her client, Khumalo has been “prejudiced publicly”.
“We cannot wait to hear that eyewitness evidence. We want it to be known that this defamation, this borderline defamatory, character assassination not only of my client but myself by advocate Teffo which has been brought to the attention of the court,” Moonsamy said.
Moonsamy also said the five accused men on trial have not been paraded before the people who were in the house with Meyiwa on 26 October 2014, when the footballer was gunned down.
Teffo’s instructing attorney, TT Thobane, told journalists on Thursday that he would be laying a charge of defeating the ends of justice against Moonsamy.
“Whatever action she wants to take is an attempt to threaten our witnesses. This is tantamount to defeating the ends of justice,” Thobane said.