The presiding judge in the Senzo Meyiwa murder trial said that proceeding with the trial on Wednesday would have been an infringement on the constitutional rights of the accused.
The trial was postponed on Wednesday due to the late disclosure of a witness statement.
The State is still leading evidence against the five men accused of murdering the Orlando Pirates goalkeeper in October 2014.
The defence made it clear on Wednesday morning that they were in no position to proceed with the trial on Wednesday as they were only given the next witness statement late on Tuesday.
Presiding Judge Ratha Mokgoatlheng then ruled on the matter.
“There’s a case, State vs Tshabalala, which changed criminal procedures in this country. When I was practicing, we were always ambushed, we didn’t know what the witness was going to say but in terms of our new dispensation, the accused are entitled to be appraised of the case of the State and they are fully entitled to be given full opportunity to prepare for that evidence.”
The defence lawyers have been afforded time by the court to consult with the accused for the duration of what would have been Wednesday’s sitting.
The trial is set to resume on Thursday morning.
-EWN
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