The new presiding officer in the Senzo Meyiwa murder trial, retired Judge Ratha Mokgoatlheng, has proven once again that he prioritises efficiency after taking the defence on a mini lecture regarding cross-examining a witness.
Mokgoatlheng grew impatient and interjected as advocate Zithulele Nxumalo was cross-examining Zandile Khumalo at the North Gauteng High Court on Friday.
Mokgoatlheng asked what was the relevance of asking the witness where the shots were fired and which one was the loudest.
“Maybe the deceased was not shot in the house, nobody is saying that in the cross-examination as I’m following,” he said.
“Unfortunately, I’m not done my lord,” replied Nxumalo.
“No, I’m talking about the defence itself... the first two counsels, Mnisi and Ramosepele, never said that there were two persons who entered the room, there were no shots fired,” he said.
Mokgoatlheng said the defence spent majority of their time asking Zandile all sorts of questions including what the gun looked like, and later explaining to her the model of the gun.
“What is this case about actually?” enquired Mokgoatlheng.
Advocate Charles Mnisi got up and explained to Mokgoatlheng that they are trying to demonstrate to the court that the men they are representing, were not involved in the murder of the soccer star.
“Right, but here is this witness describing that people came in and did x, y, z. So, what I’m saying is, I haven’t heard anyone saying, there were no intruders in the house.
‘’...If you are a defence counsel, I expect you to say, I put it to you that there were no intruders who went into the house and there were no shots fired in the house. I haven’t heard that,’’ Mokgoatlheng retorted.
Mokgoatlheng told the defence that if they don’t ask the witness relevant questions, the trial was going to drag.
“We’ll be here for the whole year... whether there were two or three shots, one was louder than the next one, how does it assist this court in solving this conundrum,” he asked.
On Wednesday, the no-nonsense judge sounded a stern warning saying he would not tolerate any unnecessary delays after Zandile Khumalo complained of chest pains.
“See, I’m old school, I can’t tolerate this type of behaviour,” he said at the time.
Meyiwa was murdered while visiting his girlfriend and mother of his child, Kelly Khumalo.
In the house that day were Meyiwa, Kelly Khumalo and her younger sister, Zandile, their mother Ntombi Khumalo, Longwe Twala, Meyiwa’s friends Mthokozisi Thwala and Madlala, Kelly’s then 4-year-old son, Christian, and Thingo.
Five men have been arrested for the brutal murder of Meyiwa.
The five men - Ntanzi, Muzikawukhulelwa Sibiya, Mthobisi Mncube, Mthokoziseni Maphisa and Sifokuhle Ntuli - are facing charges of murder, attempted murder, robbery with aggravating circumstances, possession of an unlicensed firearm as well as possession of ammunition.
The matter continues on Monday.
IOL