The National Prosecuting Authority (NPA) says the second docket which implicates Kelly Khumalo- who was Senzo Meyiwa’s girlfriend at the time of the murder, and other people who were in the Khumalo house of being responsible for his death holds no merit.
This was revealed in the Gauteng High Court in Pretoria on Monday during the murder trial. The submission was made through a letter from the prosecuting body, which was obtained by state advocate George Baloyi and furnished to both defence lawyers, advocate Malesela Teffo and advocate Zandile Mshololo.
Previously, advocate Mshololo asked, who represents one of the five suspects alleged be behind the murder of Meyiwa, asked for a postponement to study the second docket into the Orlando Pirates goalkeeper’s murder.
Mshololo asked for confirmation of exhibit C. This exhibit is the unsigned indictment which implicates those who were inside the house when the fatal shooting happened. It implicates Kelly Khumalo as the murderer.
Mshololo read the confirmation from the National Director of Public Prosecutions (NDPP) cited that the indictment from its office in South Gauteng, Johannesburg was crafted by a junior prosecutor and a decision had not been taken by the office yet.
She said: “It was the opinion of a junior prosecutor in an internal process, having obtained that confirmation I can now proceed with my cross examination.”
Mshololo said the state allowed accused number five to plead when he was furnished with enough information. She argued that the state had a legal duty to disclose the docket and the state prosecutor is supposed to collect all the dockets so they can be disclosed to the defence before the trial commences.
“Had we known the contents of the second docket we would not have pleaded the way we did. This on its own amounts to miscarriage of justice. The Constitutional right to a fair trial of accused number 5 has been violated,” she said.
Source: News24, City Press, Sunday World, IOL, The South African, image from Twitter