Judge Ratha Mokgoatlheng, presiding over the Senzo Meyiwa trial, granted the defence lawyers representing the accused a full day to consult with their clients, on Wednesday.
Senzo Meyiwa trial: Defence bemoans ‘last-minute’ witness entry
This decision came after the defence lawyers informed the Pretoria High Court that they were not provided in a timely manner with the statement of a witness scheduled to testify that morning.
Judge Mokgoatlheng stressed that proceeding without allowing the defence proper time to consult with their clients would constitute an irregularity and a potential failure of justice.
ALSO READ – Senzo Meyiwa trial: Thabo Mosia cracks under intense cross-examination
State prosecutor George Baloyi had initially informed the court that the next witness to testify would be Constable Zungu.
However, the defence teams pointed out that they had not received the statement of this witness in advance of the trial. This raised concerns as they had not had sufficient time to consult with their clients regarding the new information.
Defence lawyers expressed their concerns about the last-minute furnishing of the witness statement. Advocate Charles Mnisi even noted that he was not aware of the existence of the statement until the morning of the trial, which he received via WhatsApp.
READ MORE – Senzo Meyia trial: Sangoma claims he prescribed Sibiya ‘white luck’ medicine to pull off murder
In response to these concerns, Baloyi clarified that the state had received a copy of the statement from the investigating team the day before and had promptly sent it to the defence. The aim, he emphasised, was not to catch the defence unaware.
Judge Mokgoatlheng highlighted the critical importance of providing the defence with information in a timely manner, especially regarding documents that support the state’s case.
He stressed that the accused have a right to adequate notification of such documents, as outlined in Section 35 of the South African constitution.
ICYMI – Senzo Meyiwa murder trial: Defence hammers down on ‘shoddy’ ballistics evidence
The trial resumes on Thursday.