The mysterious second docket, which implicates singer Kelly Khumalo in the murder of Orlando Pirates and Bafana Bafana skipper Senzo Meyiwa, was rendered inconsequential and lacks merit, according to the National Director of Public Prosecutions (NDPP).
This was heard at the resumption of the murder trial at the Pretoria High Court on Monday.
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 Zandile Mshololo and advocate Malesela Teffo.
Mshololo said that having obtained confirmation from the author of the document, she could resume her cross-examination of state witness and police forensic expert Thabo Mosia at a later stage.
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Last Wednesday, Mshololo halted her cross-questioning of the state witness, citing that she was disadvantaged by the state having not furnished her with the second docket, which appeared to have been opened in 2019, five years after the soccer star was gunned down at his then girlfriend Kelly Khumalo’s mother’s house in Vosloorus on October 26 2014.
Mshololo read that the confirmation from the NDPP cited that the indictment from its office in South Gauteng, Johannesburg was crafted by a junior prosecutor and the office had not taken a decision on it.
State prosecutor advocate George Baloyi objected to Mshololo’s characterisation of the second docket as an instruction from the prosecuting body, albeit not having an official signature.
“There was no room by my learned friend to argue that the document was an instruction. It was an unsigned indictment purporting to instruct the arrest of certain suspects which do not relate to this trial,” he said.
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The indictment of the second docket cites the suspects as Longwe Twala, Kelly Khumalo, Gladness Khumalo, Zandi Khumalo, Tumelo Madlala, Mthokozisi Twala and Maggie Phiri.
However, Mshololo argued that the state failed to disclose the existence of the second docket before the trial started on April 12.
She added that the state’s failure to disclose the document is an infringement of her client’s constitutional rights to a fair trial.
The five suspects – Mthobisi Mncube, Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthokoziseni Maphisa and Sifiso Ntuli – have pleaded not guilty to charges of murder, attempted murder, armed robbery, possession of an unlicensed firearm and possession of ammunition.
The trial continues.