Senzo Meyiwa trial: Judge to make a ruling on confessions
Presiding Judge Ratha Mokgatlheng will make a ruling on the trial within the Senzo Meyiwa murder trial on Thursday, 14 March.
Presiding Judge Ratha Mokgatlheng will make a ruling on the trial within the Senzo Meyiwa murder trial on Thursday, 14 March.
The trial within a trial looks into the admissibility of confessions allegedly made by accused 1 Muzikawukhulelwa Sibiya and accused 2 Bongani Ntanzi.
DEFENCE WRAPS UP CLOSING ARGUMENTS IN TRIAL WITHIN THE SENZO MEYIWA TRIAL
Since October 2023, the Gauteng High Court in Pretoria heard evidence led by the State on how the two accused allegedly confessed to their involvement in the murder of Meyiwa.
The late goalkeeper was shot at the home of his girlfriend and singer Kelly Khumalo on 26 October 2014 in Vosloorus.
According to the State, Ntanzi confessed before Colonel Moholo Raphadu at the Moroka Police Station in Soweto on 19 June 2020. He made a second confession on 24 June 2020 before Magistrate Vivienne Cronje at the Boksburg Magistrate Court.
In October 2023, Mokgatlheng ruled that Ntanzi’s alleged confession, which Cronje had recorded, was inadmissible.
State Prosecutor Advocate George Baloyi initially indicated that they would not use the evidence. However, he changed tunes and argued that the recording was relevant and that the best evidence principle was applicable.
Defence lawyers insisted that Ntanzi’s rights were infringed and that he should have been informed that he was being recorded and that the audio would be used against him in court.
On the other hand, accused 1 allegedly confessed at the Diepkloof Police Station in Soweto when he was arrested on 30 May 2020. He also pointed out the crime scene in Vosloorus on 5 June 2020.
On Monday, 11 March, the defence ended its closing arguments, insisting that the State failed to prove beyond reasonable doubt that the accused made the confessions freely and voluntarily.
Adv. Sipho Ramosepele says accused 1's handcuffs were fastened too tight for over 8 hours after his arrest. "Literature says the prolonged use of handcuffs and other restraints is a means of torture," Ramosepele says of a jurisprudence emanating from the UN.#SenzoMeyiwaTrial pic.twitter.com/OcGH7ReHFJ
— Newzroom Afrika (@Newzroom405) March 11, 2024
JUDGE TO MAKE A RULING
On Monday, Mokgoatlheng said the ruling will not be final and can be later reviewed.