The high-profile Senzo Meyiwa murder trial resumes today with a critical legal move from the defence team.
Defence wants charges dropped in Senzo Meyiwa case
Lawyers for the five accused men are expected to argue that the case should be dismissed entirely through a legal process known as a Section 174 application. This comes after the State closed its case last month.
In simple terms, a Section 174 application asks the court to drop the charges before the defence even starts presenting its side of the story.
The defence argues that the State has not provided strong enough evidence to prove the accused men are guilty. If the judge agrees, the accused can be released without having to testify or call witnesses.
Defence lawyer Advocate Charles Mnisi confirmed in court that this application would be filed soon.
However, he said Legal Aid South Africa, which is paying for the legal defence, must still confirm whether it will also cover the costs of this application.
Tuen into today’s live proceedings below:
What the State says about its case
State prosecutor George Baloyi told the court that they had completed their part of the trial. He explained that the State has led all the witnesses it intended to, and now it is up to the defence to either continue or challenge the case.
Baloyi also said the defence is welcome to call any of the witnesses that the State chose not to use, meaning the defence can still use some of the same people if it helps their case.
On the same day the defence announced its application, the judge ruled on another issue involving Fisokuhle Ntuli, one of the accused. Ntuli complained of being mistreated at Kgosi Mampuru Prison in Pretoria, where he claimed he was denied basic needs like blankets and was even tortured.
The court agreed to transfer him to Leeuwkop Prison in Johannesburg, saying any attempt to overturn the order must be done through a proper court application.
The Senzo Meyiwa trial has been ongoing for years and is closely followed by the public.
Meyiwa, a national soccer star and Bafana Bafana captain, was shot dead in 2014 at the home of his girlfriend, singer Kelly Khumalo, in Vosloorus. Five men are currently on trial for his murder.