In the ongoing Senzo Meyiwa trial-within-a-trial, the admissibility of confession tapes has become the focal point of legal discussions, stirring a clash of heads among the prosecution and defence.
Senzo Meyiwa trial-within-a-trial: State succumbs to defence on admissibility of confession tapes
The intricacies of the judicial process were laid bare as Magistrate Vivian Cronje, who took the confession of accused 2, Bongani Ntanzi, was expected to face cross-examination.
The defence, however, argued the legitimacy and procedural adherence surrounding the confession tapes, leading to a prolonged delay in proceedings on Wednesday.
Advocate George Baloyi pointed out discrepancies between the confession tapes and the pro forma document, although acknowledging that the recording was aligned with the requirements of direct communication as per the RICA Act.
Baloyi told the court that the recording elucidated the events in more detail than the pro forma document, making a case for its inclusion as evidential material.
On the contrary, Advocate Thulani Mngomezulu, representing accuseds 1 and 2, contested the sudden change in the prosecution’s stance, who initially declared they wouldn’t use the recording.
Mngomezulu, backed by other defence advocates, argued that this shift was akin to an ambush, as they weren’t prepared to cross-examine Cronje about the audio recording.
The defence stressed the importance of fair and just proceedings, urging for adequate time for consultation and possibly engaging an expert to ascertain the authenticity of the voices in the recording.
The judge acknowledged the convoluted situation, ruling that the court is obliged to listen to the recording to determine its admissibility.
The debate reached a temporary resolution as the court adjourned to allow for the playback of the pro forma checklist and confession recordings to the lawyers and accused, aiming to ensure that all parties are on the same page moving forward.
The Senzo Meyiwa trial-within-a-trial is expected to resume on Thursday.