Accused four, Mthokoziseni Maphisa, has filed a section 174 application.
One of the accused in the Senzo Meyiwa murder trial was involved in a car accident as he continues his bid to have charges against him withdrawn.
Proceedings resumed on Wednesday in the Gauteng High Court, Pretoria, after both the state and the defence concluded their arguments earlier in the week.
Accused four, Mthokoziseni Maphisa, is the only one pursuing a section 174 application to have his charges dismissed.
Maphisa and his four co-accused face counts of murder, attempted murder, robbery with aggravating circumstances, possession of an unlicensed firearm, and possession of ammunition.
Senzo Meyiwa murder accused seeks trial discharge
Earlier this month, the Legal Aid Board, which funds the defence of all the accused, declined to cover the preparation required for section 174 applications.
As a result, Charles Mnisi, representing accused one, Muzikawukhulelwa Sibiya, and accused three, Mthobisi Mncube, as well as Sipho Ramosepele, representing accused two, Bongani Ntanzi, abandoned their bids.
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However, Maphisa’s lawyer, Zithulele Nxumalo, confirmed he would continue with his client’s application despite the board’s decision.
Accused five, Fisokuhle Ntuli, through his lawyer Zandile Mshololo, will not pursue a section 174 application and instead plans to present arguments after the state closed its case in July.
Court proceedings
On Wednesday, state prosecutor George Baloyi told the court that the vehicle transporting Maphisa from Leeuwkop Correctional Centre in Sandton had been involved in a minor collision.
Baloyi explained that Maphisa, though unharmed, could be taken for a routine medical check-up.
“Correctional services officials say in terms of their rules, such a person must undergo a medical examination.
“We know that in any collision, there might be whiplashes that manifest at a later stage,” he said.
But Maphisa told the court he was fine and wished to proceed.
“It was not a serious accident because only the front part of the police van was damaged, but he says he is fine,” Nxumalo said.
Judge Ratha Mokgoatlheng told Maphisa that his decision did not prevent him from later suing the state.
“It doesn’t extinguish your claim because you are basically saying you are able to go,” the judge said.
Watch the trial below:
Defence and state arguments
The interpreter then summarised the arguments presented earlier in the week.
Nxumalo had argued on Monday that the charges against Maphisa should be dropped due to insufficient evidence linking him to Meyiwa’s killing.
He challenged the testimony of police officer Sizwe Skhumbuzo Zungu, who claimed he saw Maphisa with the other accused at a hostel in Vosloorus hours before the murder.
Zungu testified that he “partied” with the five accused before the fatal shooting of the former Orlando Pirates goalkeeper on 26 October 2014.
Meyiwa was killed at the Vosloorus home of his then-girlfriend, singer and actress Kelly Khumalo’s mother.
The state countered on Tuesday, arguing that the discharge application should be dismissed.
State prosecutor Ronnie Sibanda emphasised that cellphone records linked the accused to towers near the crime scene and insisted that such data cannot be manipulated.
The trial continues on Thursday.
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