Senzo Trial || Kelly Khumalo’s lawyer still may not conduct watching brief

The trial of Kelly Khumalo in the Gauteng High Court (Johannesburg) continues on Monday with state advocate Carol Wright expected to cross-examine former police commissioner George Fivaz. The hearing will resume after a two-week break.


 

 

 

This is likely to be a lengthy process due to the large number of witnesses and documents which will be tendered. It was initially expected that the case would be finalised in February 2020 but this has been pushed back because some witnesses have not yet been served subpoenas.

The high-profile trial into the murder of Bafana Bafana captain Senzo Meyiwa is set to resume on Monday in Pretoria’s Gauteng High Court.

The trial was interrupted in April when one of the accused, Lucky Maphumulo, asked the court to allow him access to documents which he claimed would assist him in proving his innocence. The request was denied by Judge Ebenhaeser who said that he could not be allowed access to documents until after he had testified.

The judge also rejected a request for more time for Maphumulo to prepare for his own defence and said that if he needed more help with his case then he should ask his lawyer or use a legal aid lawyer from outside court. It remains unclear whether or not Maphumulo has chosen to do so but it seems unlikely given what we know about him so far – that is, nothing.

The Pretoria High Court has denied Kelly Khumalo’s lawyer’s request for access to case dockets and court transcripts in the murder trial of Senzo Meyiwa.

The court on Monday explained that this is to preserve the integrity of the trial.The trial of five men accused of murdering the footballer in 2014 at Khumalo’s family home in Vosloorus resumed.

On Monday, Moonsamy told the court that she would not be conducting a watching brief, which is the process whereby attorneys watch proceedings and take notes on behalf of their clients. Judge Maumela said he was concerned about how this could affect Khumalo’s right to a fair trial.

“I am going to leave it in your hands,” he told her, adding that if she wanted him to “refer this matter back for you [to] engage with your client”, he would do so.
Conclusion

Khumalo’s lawyer, Magdalene Moonsamy, was asked to leave the courtroom at the start of the trial in April.