The defence in the Senzo Meyiwa murder trial has thrown jabs at the State over procedure amid delays over the broadcasting of the trial.
A third day has been lost in the main trial as the lawyers have been arguing an application by the next witness to bar the live broadcast of proceedings.
The witness has argued through the State that if her testimony is broadcast live her safety may be compromised as a public figure.
Five men are standing trial for the murder of the Bafana Bafana and Orlando Pirates captain in October 2014.
The lawyer for the fifth accused, Advocate Zandile Mshololo, argued that the delays caused by the unnamed witness’ application could have been avoided by way of an urgent application.
“The State ought to have brought a substantive application whether on urgent basis or in the normal way in the motion court and for this trial to proceed, my lord, with other witnesses, this is not the only witness, my lord.”
She further argued that the defence had been hijacked by the State, which brought the informal application before the court, giving the defence limited time to respond.
But State advocate, George Baloyi, insisted that if Mshololo’s ways were to be taken, the matter would never end.
“I’m just trying to conceive of a situation where a witness must under oath set out the grounds where she fears that harm might befall her or him and the court then says ‘I don’t believe you, that witness must still testify under oath’. We submit, my lord, that the credibility of a witness must be preserved.”
Presiding Judge Tshifhiwa Maumela will make a ruling on Thursday and the witness will finally be sworn in to testify.
-EWN
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