New Senzo Meyiwa judge thrills in court while teaching defence lawyers a thing or two
Judge Ratha Mokgoatlheng has unveiled several aspects of the law…
Despite the painful delay and re-starting of the Senzo Meyiwa trial, a lot of lessons have come out during the proceedings… writes Godfrey Sigwela.
The appointment of new Judge Ratha Mokgoatlheng has led to the unveiling of several aspects of the law. Some points raised by the new Judge have included free short lessons to the accused.
At the start of the trial for the second time, the Judge asked the accused whether they knew or they were told by their defence lawyers that “should the court be unable to prove beyond a reasonable doubt on Senzo Meyiwa’s case, they could still face a premeditated case”.
Immediately, the defence lawyers asked for a short adjournment in order to consult their clients.
The Judge didn’t stop there with offering his ‘free’ lessons. At one stage he interrupted the cross-examination of witnesses, and asked the defence lawyers “what they were doing in this trial”.
The Judge’s position was based on the fact that the defence lawyers never disputed the testimony given by the witnesses, but continued with the cross-examination.
Recently one of the defence lawyers became confused when he asked the police officers who responded to the call that there was a shooting at Kumalo’s house whether “there was any jacket they found on the floor or on the ground as a proof of a shooting”.
Rather than jacket, it was a question of whether a projectile or cartridge had been found on the floor or on the ground.
Again the Judge had to intervene in order for everyone to be on the same page regarding the “jacket”.
In another instance, there was clarification offered by the Judge regarding a firearm that was found in the possession of a suspect, with its serial number erased. The defence lawyers looked amazed that the police were able to find the owner of that firearm, even though the numbers were erased.
Again the Judge had to step in and explain the physical science behind detecting an erased serial number on a firearm.
The Judge explained that a certain scientific art is used on the surface which previously had a serial number. Then all goes down to a stage in which the numbers re-appear again.
Based on these sparks fired in this court case, it suggests that during the closing arguments more lessons will come out.
By Godfrey Sigwela