ADVOCATE Malesela Teffo has taken the unusual move of directly requesting the National Director of Public Prosecutions (NDPP) to stop the prosecution of his clients in the Senzo Meyiwa murder trial.
In the latest twist in the trial, Teffo confirmed to News24 that he made a formal written request to NPA boss, advocate Shamila Batohi, to exercise her powers under Section 6b of the Criminal Procedure Act.
Section 6 of the Criminal Procedure Act deals with the power to withdraw charges against an accused or stop a prosecution.
Section 6b gives the NDPP the authority to stop a prosecution any time after the accused has pleaded, but before conviction.
Teffo, who represents four of the men accused of murdering the former Orlando Pirates and Bafana Bafana goalkeeper, was initially set to challenge the court’s jurisdiction to hear the trial.
However, this challenge was no longer “an issue”, wrote Teffo in a document dated 30 June.
“The argument of the jurisdiction is no longer an issue in the above matter, the defence for accused 1 to 4 has considered to bring the application in terms of the provisions of Section 6b of the Criminal Procedure Act, 51 of 1977, to the National Director of Public Prosecutions, advocate Shamila Batohi, at any stage on or before 4 July 2022,” Teffo says in the document.
Teffo said his request was submitted to the NDPP on Monday, but spokesperson Mthunzi Mhaga told News24 the office had not received any correspondence from him.
Teffo wants the State to stop the prosecution because he claims that two of the accused were forced to give confession statements under duress.
He further claims, without substantiation, that one of the confession statements was taken by Ekurhuleni metro officers.
Teffo said these statements were used to arrest the other accused and that the State had no other prima facie evidence.
Teffo previously attempted to have a trial within a trial to decide the admissibility of the confession statements.
His attempts failed as the State will decide when and whether the confession statements will be introduced to the court as part of the evidence.
After that, a trial within a trial can be held to argue the admissibility of the statements.
Teffo maintained that the accused before court were not involved in the killing of Meyiwa, and that those in the house when the soccer player was shot, including singer Kelly Khumalo, her mother and sister, should have been arrested and charged.
Teffo also used the 30 June document to slam the court, accusing Judge Tshifhiwa Maumela of bias: “The purity of this trial is questionable insofar as both the conduct of the court and the counsel for accused 5 are concerned.
“The judge has given lengthy postponement of this matter unreasonably and, worse, without such postponement having been requested by any party, in particular accused 5 in this matter.
“The counsel for accused 5 wittingly (sic) allowed such postponement to continue on her behest, despite the fact that she never requested such lengthy postponement.”
News24 had previously reported that advocate Zandile Mshololo, who represents the fifth accused, had asked for a postponement to study the contents of a second docket, which also investigated the killing of Meyiwa.
This postponement was requested by Mshololo and granted by the court.
Teffo alleged, without substantiation, that the postponement was done deliberately to prejudice accused one and two, who are awaiting trial prisoners.
Criminal law expert, Professor Stephen Tuson, said Teffo’s comments about Mshololo could be defamatory and his accusation that the court was biased could be contempt of court.
Another criminal law expert, advocate Mannie Witz, said if Teffo believed the court was biased, he should bring an application for Maumela’s recusal instead of merely repeating the allegation.
Furthermore, Teffo also took aim at the South Gauteng Director of Public Prosecutions, advocate Andrew Chauke, accusing him of “interfering with prosecutorial independence”.
This was after Chauke, in a letter, which now forms part of the court record, said a draft indictment against Khumalo and others for the murder of Meyiwa was nothing but an internal opinion of a junior State prosecutor and, as such, held no merit.
Teffo, though, claimed senior prosecutors drafted the document.
Image (No laughing matter. Kelly Khumalo is alleged for having a hand in the murder of Senzo Meyiwa
