Judge Tshifhiwa Maumela said Kelly Khumalo understandably has an interest in the trial but she would be represented in court if and when she is called to testify by the State
MAGDALENE Moonsamy, the legal representative of singer and socialite Kelly Khumalo, has been requested to “excuse us” by the judge presiding over the trial of five men arrested in connection with the murder of Bafana Bafana and Orlando Pirates ace goalkeeper Senzo Meyiwa.
As the trial proceedings began in the North Gauteng High Court, Pretoria, on Monday morning, the lead prosecutor, advocate George Baloyi, reminded Judge Tshifhiwa Maumela of the presence of Kelly Khumalo’s lawyer in the court.
“My lord, before we call the first witness, in line with the discussion we had in chambers, we request Ms Moonsamy to perhaps excuse herself from further participation in the proceedings. Ms Moonsamy is on a watching brief for Ms Kelly Khumalo and as per the discussion in chambers, she can only sit in if and should the State call Ms Kelly Khumalo as a witness,” Baloyi submitted.
Maumela stated that Khumalo understandably has “an interest” in the matter.
“The only concern we have now is that if witnesses testify before the client of the watching brief comes on and it is on matters that the client of the watching brief might be expected to express upon, then that system would not have been pure. So I think I agree with you that the watching brief for now will be excused,” said the judge.
Moonsamy told the court that she abided by the court decision, and also highlighted that the high-stakes trial was being broadcast on national television in any case.
The judge, however, disagreed with Moonsamy and ruled: “I don’t think I agree with you. We have now come to an understanding which you do not seem to be vehemently opposed to, that for the sake of the purity of the process, and in particular the evidence in this case, you will excuse us from the court room.
“As to what you do when you are outside, it is not in our terrain.
Moonsamy then left the heavily guarded court room.
The prosecution called in its first witness, Sergeant Thabo Johannes Mosia, witness number 46 on its list.
With 16 years’ policing experience, Mosia was one of the SAPS members who collected forensic evidence after the October 2014 shooting.
On Monday morning, Mosia was taken through the photo album which he compiled at the crime scene and the sketches he prepared as exhibits for the court.
Meyiwa was killed while visiting his girlfriend and the mother of his child, singer Kelly Khumalo, in Vosloorus in Gauteng.
In the house that day were Meyiwa, Kelly and her younger sister, Zandile, their mother Ntombi Khumalo, Longwe Twala, Meyiwa’s friends Mthokozisi Thwala and Tumelo Madlala, Kelly’s then 4-year-old son, Christian, and Thingo, her daughter with Meyiwa.