Johannesburg - Although the State in the Senzo Meyiwa murder trial has indicated they do not intend to call Afro-pop songstress Kelly Khumalo to testify, defence counsel for the five men on trial for the soccer player’s murder have announced they intend to bring an application to ensure that day.
The intention to bring the application was announced by advocate Zithulele Nxumalo, the legal counsel for Mthokoziseni Maphisa, the fourth accused in the case, during his cross-examination of Zandile Khumalo.
Khumalo, the State’s first witness, is also the sister of Kelly, who was in a romantic relationship with Meyiwa before his murder on October 26, 2014.
A heated exchange kicked off when Nxumalo started highlighting some of the inconsistencies in Khumalo’s statements and those of other people.
When questioned about a statement deposed by Kelly stating that the scuffle between the occupants of the house and the two intruders who allegedly came in took place in the living area and not in the kitchen, as she testified, she responded that it would be best to call her sister to testify as she was still alive.
It was at this point that Judge Ratha Mokgoatlheng asked prosecutor George Baloyi whether the State would call Kelly as a witness, to which Baloyi responded, no.
Nxumalo, in unison with other legal counsels, then informed the court he would be bringing an application for Kelly to come and testify.
The heated exchanges continued to be the order of the day during Nxumalo’s cross-examination, as he insisted that no intruders came into the house.
“Advocate, you can put it to me 50 times until foam comes out of your mouth if it makes you sleep at night, but what I am saying is that people entered and shot Senzo; it doesn’t change.”
Nxumalo put it on record that he did not take kindly to Khumalo addressing him in such a manner when he was simply trying his best to represent his client.
“I take what you bring to me; I respond to what you bring to me; when you raise your tone, I will raise mine; when you lower it, I will also lower it. When you decide to respect me as a witness, I will also do that,” she responded.
Mokgoatlheng interjected into the heated exchange and requested that the court’s decorum be maintained.
The court also began with the cross-examination by Zandile Mshololo, the legal counsel for the fifth accused, Sifisokuhle Ntuli, who put it to Khumalo that she would not know if someone inside the house disarmed the alleged intruders and shot Meyiwa as she was hiding in the bathroom.
Ntuli and Maphisa are appearing alongside Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi and Mthobisi Prince Mncube for murder, attempted murder, robbery with aggravating circumstances, unlawful possession of a firearm and unlawful possession of ammunition for the alleged botched robbery that led to the killing of Meyiwa.
The trial is set to continue today.
The Star