The defence in the Senzo Meyiwa trial wants National Prosecutions boss Shamila Batohi to testify in court to corroborate the authenticity of a letter she signed allowing the matter to be heard in the Pretoria High Court.
Five men have been on the witness stand for the trial of Meyiwa’s 2014 murder.
The Bafana Bafana captain was shot at the home of his girlfriend, Kelly Khumalo in what the state believes was a robbery.
Legal representatives were looking at postponing the matter to September but that has now been parked – with the matter postponed overnight to address submissions by defence lawyer Malesela Teffo.
It was expected to be a shorter court day where advocate Zandile Mshololo – the lawyer for accused number 5 – was meant to inform the court on when she would be ready to proceed with cross-examination.
But it turned out to be a day longer than usual as advocate Teffo insisted that the court hear his submissions on why he is opposed to a longer adjournment.
In his submissions, he pointed out how this matter was not supposed to be heard in the Pretoria High Court- based on where the crime occurred.
He has spoken to a letter signed by Batohi giving the Pretoria High Court jurisdiction.
“And in terms of Section 22 subsection 3, yes she can give the direction in terms of as to where the alleged offence was investigated. She has got that power to investigate not for the matter to be heard by the court…”
While Tshifhiwa Maumela has said Advocate Teffo has tried to bulldoze the court into doing things his own way, he has also said that the points he has raised cannot be ignored.
That is why the matter has been postponed overnight for Teffo to stipulate a date on when he will be able to put his submissions into a substantial application.
Meanwhile, the NPA has blamed a junior state attorney for the opinions raised on the prosecution of Khumalo for the murder of Meyiwa.
On Monday, the state handed a letter from the Johannesburg Director of Public Prosecutions to the court – addressing the mysterious second docket and the decision to prosecute two different sets of people for Meyiwa’s murder.
The Bafana Bafana captain was shot dead at Khumalo’s home who was his girlfriend at the time.
In a letter handed over by state advocate George Baloyi the NPA denied making any decision on the prosecution of those who were in the house when Senzo Meyiwa was murdered – including Khumalo – her mother Gladness and her sister Zandi.
The lawyer for the fifth accused – Mshololo – read the letter out.
“And the DPP South Gauteng is saying the alleged documents do not have any status as such have been internal opinion from the junior state advocate which was without merit.”
State advocate George Baloyi said at best the dockets purport to be a memorandum.
Mshololovtold the court that she would need more than this week to receive further information from the state and to conduct a pretrial conference.
-EWN
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