Senzo Meyiwa murder trial: Will witness be allowed to identify intruder inside court?

Senzo Meyiwa’s close friend, Tumelo Madlala, on Thursday, is expected to continue his testimony in the murder trial against the five men accused of killing the soccer star back in 2014.

Madlala, who is the State’s third witness in the trial, was among the seven people who were inside the house belonging to Kelly Khumalo’s mother in Vosloorus when Meyiwa was shot during an alleged botched robbery on 26 October.

Madlala has been on the stand since Tuesday and given his version of events of what transpired on the night the former Bafana Bafana and Orlando Pirates goalkeeper was murdered.

The trial, on Wednesday afternoon, ended on a cliffhanger in the Pretoria High Court, after Madlala said one of the intruders who were allegedly involved in Meyiwa’s killing was inside the dock among the accused.

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Identification inside court

This after State prosecutor George Baloyi asked him if he could point out one of the intruders among the five men standing trial.

This was despite the fact that Madlala said he had attended only one identification parade and could not identify any of the suspects that were previously put before him.

“Are you in a position to identify any of the suspects before court?” Baloyi asked.

Madlala said in response: “If I was asked to identify any of the suspects yesterday [Tuesday], I was prepared to point him out. Hence I requested a break yesterday because what annoyed me was to be in the same room as that person”.

However, the defence lawyers soon objected to the line of questioning by the State.

Advocate Zandile Mshololo, the lawyer for accused number five, accused the State of ambushing the defence, saying Madlala was never put through an identity parade in which the five accused men were part of the process.

Instructing attorney Tshepo Thobane, acting on behalf of accused number one to four, agreed with Advocate Mshololo.

“The identification inside court is inadmissible and doesn’t have value, most importantly because my clients were not taken through an identity parade,” Thobane said.

Presiding Judge Tshifhiwa Maumela adjourned the trial to Thursday, with the State saying it would furnish the defence with its heads of agreements in order to allow Madlala’s evidence to be led in court.

“My lord, the question has arisen as to the admissibility of certain evidence and there has been an objection. The State is now seeking to persuade the court to admit that evidence and that is the reason why we have prepared heads of argument to motivate as to why this evidence should be admissible,” Baloyi said.

Sifisokuhle Ntuli, Muzikawukhulelwa Sthemba Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Ncube and Mthokoziseni Ziphozonke Maphisa are facing a string of charges in connection with Meyiwa’s murder.

The group has pleaded not guilty and have all been denied bail.

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