The Pretoria High Court has denied a request by Kelly Khumalo’s lawyer to have access to case dockets and court transcripts in the Senzo Meyiwa trial.
The trial of five men accused of killing Meyiwa in 2014 at Khumalo’s family home in Vosloorus resumed on Monday after an adjournment in September during cross-examination of state witness Tumelo Madlala.
State prosecutor Adv George Baloyi said Khumalo’s lawyer Adv Magdaline Moonsamy sent a letter on November 1 to the state and Maumela, asking to be physically present during the court proceedings, obtain the two case dockets related to the trial and the bail application statement of accused number two, Bongani Sindiso Ntunzi.
As part of her other request, Khumalo wanted to obtain copies of the transcripts of the trial. However, this application was opposed by the state and defence teams.
Moonsamy was appointed by Khumalo on a watching brief when the trial began but was excused by the court in April “for the purity of the trial”.
In a letter addressed to Judge Tshifhiwa Maumela, she reminded the court that Kelly Khumalo was equally a victim of a robbery that the accused have been charged with.
She requested to be present in court to understand all material aspects of the deliberations.
Maumela dismissed Khumalo’s application citing reasons that he already made a ruling on the matter in April and that the decision still stands.
State prosecutor George Baloyi had earlier said the court had already dealt with the issue and what Moonsamy was asking for was more than a watching brief is entitled to.
“She cannot be accorded greater rights than other watching briefs. Her situation is different because her client will be called upon to testify. It is undesirable that she should sit in the proceedings,” Baloyi said.
Source: Eyewitness News, Times Live, Sowetan Live, image from Twitter: @mzansi_digital