The Senzo Meyiwa trial-within-a-trial is set to reach a pivotal conclusion on Friday, 20 October 2023, concerning the admissibility of a contentious confession tape.
Senzo Meyiwa trial-within-a-trial hinges on legal grey area
The proceedings revolve around an audio recording of an alleged confession by accused number 2, Bongani Ntanzi, which has become a focal point of the ongoing trial.
The authenticity and admissibility of this recording, documented by Magistrate Vivian Cronje on 24 June 2020, have triggered a separate trial to scrutinise its legality and relevance to the case at hand.
The core issue lies in the defence’s argument that the recording was made under duress, was not signed, and was done without the knowledge or consent of the accused and his legal representation.
This issue escalated into a trial-within-a-trial to explore the legality surrounding the procedure followed in acquiring this evidence, as well as its potential influence on the trial’s fairness and integrity.
On Thursday, state prosecutor Advocate Baloyi argued that the audio recording serves as real evidence since it is an electronic version of the conversation between the accused and Magistrate Cronje.
However, the defence, led by Advocate Thulani Mngomezulu, contested the admissibility of the recording, stressing that it infringed on the accused’s rights as it was not made with his cognisance and the proper legal procedure was not followed.
They maintain that the evidence acquired in such a manner should be excluded as it threatens the administration of justice.
The courtroom witnessed differing opinions on the requirement of a written confession, with the defence stressing that the Magistrate’s duty was to record the confession in writing, as per the law.
On the other hand, the prosecution insists that the recording is a factual representation of the accused’s statements, thereby serving as crucial evidence.
As the trial-within-a-trial approaches its conclusion, Judge Ratha Mokgoatlheng is slated to deliver a judgment on the admissibility of the audio recording, alongside determining whether Bongani Ntanzi’s rights were violated during its documentation.
The Senzo Meyiwa trial-within-a-trial is expected to resume on Friday.