The Senzo Meyiwa murder trial is set to continue in the High Court in Pretoria on Monday morning, following a two-week adjournment.
The trial was postponed due to the emergence of new evidence related to cellphone communication between all the accused dating back to 2018. This unexpected development has raised concerns from the defence, who accuse the state of engaging in a trial by ambush.
Advocate Charles Mnisi, representing one of the accused, expressed his concerns in court, stating that the introduction of new evidence jeopardizes their defence.
[ Five-Year-Old Boy Killed In Tragic Hijacking Incident Was Too Close To His Dad ]
He highlighted the issue of the contents of the record during the cross-examination of a witness and mentioned the sudden emergence of a mysterious number in overnight documents.
The defence claims that they have not been consulted about this new information and are unsure of its relevance to their client.
Mnisi argues that the defence should have received all relevant documents and evidence before the trial began, as stipulated in the pre-trial conference.
This conference is meant to ensure that the defence is aware of all the information and witnesses that the state will present during the trial. According to legal analyst Melusi Xulu, the defence’s concerns are valid, as the right to challenge evidence is a fundamental aspect of a fair trial.
One of the key issues in the trial is the cellphone records, which are considered crucial evidence.
The defence argues that they should have received these records in a timely manner, as required by Section 35, which guarantees the right of the accused to challenge evidence. Xulu emphasizes that the documents should have been made available during the first trial and questions why they were not.
The cellphone records are likely to play a significant role in establishing the timeline of events and the communication between the accused parties. The defence’s claim of a trial by ambush suggests that the late introduction of this evidence puts them at a disadvantage in preparing their case.
The trial revolves around the murder of Senzo Meyiwa, a 27-year-old goalkeeper for Orlando Pirates, who was fatally shot at his girlfriend Kelly Khumalo’s home in Vosloorus in October 2014.
Catch up with the latest news from The Times Post on WhatsApp by following our channel. Click here to join.
Kindly follow @thetimespost on Instagram. On X (Twitter), follow @thetimespost2.
