Africa-Press – South-Africa. The Gauteng High Court in Pretoria has denied a request by defence lawyer advocate Malesela Teffo to halt the Senzo Meyiwa murder trial.
Teffo launched the request after claiming that his clients’ rights had allegedly been violated during their first appearance in court more than two years ago.
Teffo, who represents four of the men charged with murdering the former Bafana Bafana captain in 2014, told the court on Friday that the continuation of the trial would be a “futile exercise”.
He alleged that his clients’ rights were violated because they had not been informed of their rights. He said they were also not told why they were appearing in the Boksburg Magistrate’s Court on 27 October 2020.
He later claimed that the accused appeared in court without being charged. Teffo then raised the issue of confession statements.
He claimed that the accused who gave confessions had been assaulted and that the constitutionality and admissibility of the statements needed to be tested.
Teffo said:
At this point, Teffo began arguing with Judge Tshifhiwa Maumela, who explained that a trial within a trial could be held at any point and that it would be raised by the State as the dominus litis, the party prosecuting in a criminal case.
Maumela added that there were no confessions before the court and that Teffo was giving evidence from the bar, which he was not permitted to do.
Teffo attempted to argue with the court but was shut down instantly.
Maumela said:
Prosecutor advocate George Baloyi said he was not sure what the defence’s contention was as he had raised several issues.
Baloyi added that Teffo should bring a formal application by notice of motion if he wanted to have a trial within a trial in respect of the rights violation claims.
In responding, Teffo then questioned why the trial was being held in the Gauteng High Court in Pretoria, when the crime fell under the jurisdiction of the Gauteng High Court in Johannesburg.
“We find it very bizarre,” Teffo said.
Teffo then said he was challenging the State and that the trial could not continue until they verified that the accused were in the dock legally.
Maumela made short work of his judgment, finding that the issues raised by Teffo were not brought before the court properly, but instead came by way of evidence led by Teffo from the bar.
In this instance, Maumela said it should be as if there was nothing before him because the set rules of procedure were not followed.
Maumela dismissed Teffo’s requests and ruled that the trial should continue.
The trial continues with the cross-examination of the State’s first witness, Sergeant Thabo Mosia, by advocate Zandile Mshololo, who is representing one of the accused.
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