Judge in Senzo Meyiwa trial to rule on admissibility of recorded confession
Presiding Judge in the Senzo Meyiwa murder trial will deliver a judgement on the admissibility of Bongani Ntanzi’s recorded confession.
Presiding Judge in the Senzo Meyiwa murder trial Ratha Mokgoatlheng is expected to make a ruling on the admissibility of State witness and Magistrate Vivienne Cronje’s recording of accused 2 Bongani Ntanzi’s confession.
On Thursday, the Gauteng High Court in Pretoria heard arguments from both the State and defence on the admissibility of the recorded confession.
COURT TO RULE ON CONFESSION IN SENZO MEYIWA TRIAL
On Tuesday, Cronje took the witness stand and told the court that she took down Ntanzi’s confession statement on 24 June 2020 in the presence of his lawyer and an interpreter. She added that she recorded Ntanzi without the other parties being made aware.
The State previously indicated that it will not use the recording and has since made a U-turn as it wants the recording to be submitted as evidence in the trial-within-a-trial which looks into the admissibility of the confessions made by accused 1 Muzikawukhulelwa Sibiya and Bongani Ntanzi.
On Thursday, State Prosecutor, Advocate George Baloyi argued that the recording was relevant and argued that the principle of best evidence was applicable.
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Newly appointed defence lawyer for accused 1 and 2, Advocate Thulani Mngomezulu insisted that the recording was unconstitutional as Ntanzi was never informed of his rights and was never informed he was being recorded.
Defence lawyer for accused 5 Advocate Zandile Mshololo also submitted that Cronje should have explained Ntanzi’s constitutional rights, told him that she will be recording the confession and that it may be used against him in court.
Cronje previously told the court that before taking down the confession she cautioned Ntanzi that he was not forced to make a statement as it could be used against him in court and that he has a right to remain silent. However, Ntanzi insisted that he wants to make the confession.
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Witnesses who have testified in court have pointed Ntanzi as one of the two alleged intruders who entered singer Kelly Khumalo’s home in Vosloorus on 26 October 2014 and was involved in a tussle with Meyiwa. Recently, police officer Constable Sizwe Zungu also testified that he was with all the five accused at a hostel in Vosloorus the day Meyiwa was shot and killed.
Five men are on trial at the Gauteng High Court in Pretoria for the murder of the soccer star, Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Fisokuhle Nkani Ntuli. They face charges of premeditated murder, attempted murder, robbery with aggravated circumstances, possession of firearms without a licence and possession of ammunition. All five men pleaded not guilty as the trial has started afresh under Judge Ratha Mokgoatlheng.
The trial continues.
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