Moments before Tumelo Madlala could delve into the moments before the shooting, he rose from the witness stand and called for a five-minute recess.

Raising his voice, he now told the court he did it because “yesterday I was annoyed by being in the same room with that person” who was in the house the night Senzo Meyiwa was shot dead.

Tensions flared in court when Madlala failed to identify one of the five defendants as one of the intruders who broke into Kelly Khumalo’s home and demanded cellphones and money before a fight broke out that left the former Orlando Pirates goalkeeper dead.

There was complete silence in the court, all the five defendants leaned forward, sat on the dock and looked intently at the witness, Madlala theatrically told the court that even yesterday he was ready to identify the attacker.

The defense intervened, saying that the basis for identification in the dock had not been sufficiently established by the state to allow witnesses to identify the suspect.

According to the defense, the official parade should have been organized based on descriptions given by witnesses and others when the ID was drawn up days after Meyiwa was killed.
Madlala confirmed that he attended only one ID parade where he was unable to identify anyone present as the attackers.

“There’s no one on that parade of IDs that I pointed to because I couldn’t recognize one of the people going into the house. After the ID parade, I think we went back to the house. We went to get the phones from the police station. There was a gentleman who accompanied me. His name is Mandla. It was he who gave me the money to return home.’

Madlala says the ID and parade took place over the three days he stayed in Johannesburg after the shooting.

Since the arrest and indictment of the five defendants, there has been no identification parade, which the defense says cannot happen in court.

The defense says procedurally the state must file a suspect description or simply lay the groundwork before a bench identification can be made in court.

In its defense, the state prepared arguments for the question “Can you identify the suspect among the accused?” be admitted to trial.

It is clear that the judge has the discretion to allow identification on the dock, but for the record the defense objects in the event of a conviction and appeal.

Baloyi: “Is there any other identification advice?”

Mshalola: “No my lord, the witness has answered that question.”

Baloyi: “My Lord, we submit that the foundation for this matter has been laid.”

Mshalola: “My Lord, I am still waiting for the foundation to be laid.”

Judge: “He says he laid the groundwork.”

Mshololo: “Referring to ID?”

Judge: “You can’t ask me.”

Madlala previously told the court how Kelly Khumalo refused to open the door for police when they were at the Malbarton compound where Kelly was staying with Meyiwa. According to Madlala, they had just arrived at the Malbarton home on October 27, 2014, when police arrived.

He says when police requested access through security at the gate, Kelly refused, and when she noticed police looking in the window, she asked them to turn off the power while she made the call.

“Since she refused, I don’t know how the police got access. I think Kelly saw the police when they tried to look in the window because Kelly ordered the power off. After the power went out, I don’t know who Kelly called because I think there was a specific order and the police left the premises. Then they turned on the electricity again.”

Meyiwa’s childhood friend says that a day or two later, Chika’s music producer Longwe Twala’s father arrived and suggested that Kelly go abroad.

“I don’t know what day, but after a few days Chika Twala arrived. I remember him asking him if Kelly wanted to go on holiday abroad.’

Baloyi’s state attorney stopped the witness as he was about to talk about what he also heard from Chico during the phone call.

After lengthy discussions between the legal teams about whether a witness could implicate the man, he saw the case adjourned until Thursday, when the legal teams will discuss whether to allow the state’s question.

The defense also asked that the witness bring a plane ticket to court tomorrow, saying they had questions. It comes after a witness was unable to appear in court on Monday due to travel issues.

Trial for the murder of Senzo Maeve:

Source by [author_name]

Previous articleAfter his touching interview with Mac G, Dr. Malinga ordered more
Next articleZizi Kodwa acquitted Phala Phala of the Joint Standing Committee on Intelligence
user
http://127.0.0.1

RELATED ARTICLESMORE FROM AUTHOR