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Singer Kelly Khumalo’s lawyer was asked to “excuse herself” from the proceedings at the murder trial of slain Bafana Bafana goalkeeper Senzo Meyiwa after Judge Tshifhiwa Maumela ruled that having Magdalene Moonsamy, who was on a watching brief on behalf of Khumalo, would compromise the impartiality of the trial.
As the trial began at the Pretoria High Court on Monday, State Advocate George Baloyi said that Moonsamy’s presence could compromise the fairness of the much-anticipated trial, as she would hear evidence before her client was called to the stand.
READ: State ready to call witnesses in Meyiwa murder case
“My lord, before we call the first witness, in line with the discussion we had in chambers, we request Ms Moonsamy to perhaps excuse herself from further participation in the proceedings.
“Ms Moonsamy is on a watching brief for Ms Kelly Khumalo and as per the discussion in chambers, she can only sit in if and should the state call Ms Kelly Khumalo as a witness,” said Baloyi.
Moonsamy told the court that she had no objections and accepted the court’s decision, but also pointed out that the trial was being broadcast on national television.
Judge Maumela, however, disagreed with Moonsamy and said:
Moonsamy subsequently left the courtroom, passing heavily armed security personnel.
The prosecution called in its first witness, Sergeant Thabo Johannes Mosia, witness number 46 on the state’s witness list.
READ: Senzo Meyiwa’s brother clashes with cops
It emerged during his testimony that he had 16 years of policing experience and was one of the police officers who collected forensic evidence after the shooting at Khumalo’s home in Vosloorus, east of Johannesburg, in October 2014.
The five men, Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Mncube, Mthokoziseni Maphisa and Sifiso Ntuli had all pleaded not guilty to charges of murder, attempted murder, armed robbery, possession of an unlicensed firearm and possession of ammunition.
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This is a developing story.
