One of the defence lawyers threatened to stop representing accused three if the issue was not resolved.
The Senzo Meyiwa murder trial resumed in the Gauteng High Court in Pretoria on Monday after a three-week judicial break, but proceedings were quickly overshadowed by dramatic developments unrelated to the case.
The session was delayed after one of the five accused, Mthobisi Mncube (accused three), arrived late from Kgosi Mampuru II Correctional Services Centre, where he is currently being held.
Drama in Senzo Meyiwa murder trial
State prosecutor George Baloyi informed Judge Ratha Mokgoatlheng that Mncube had to be physically carried into the vehicle that transported him to court.
This followed Mncube’s protest against a decision prohibiting inmates from using ankle pads along with their leg shackles.
Baloyi explained that the restriction was introduced after an inmate escaped from Baviaanspoort Prison.
“Apparently what happened in that instance is that the prisoner removed the pad and then subsequently removed the leg irons.”
“We are told they [prison officials] physically carried accused number three [and] lift him up to the vehicle, and that’s how he happens to be here,” Baloyi said.
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A correctional services official confirmed the area commissioner implemented the rule on 12 July.
According to the official, the escaped inmate assaulted a warden using the leg irons before fleeing and has not yet been apprehended.
The official also stated he had informed Mncube about the matter last week, but the accused responded by refusing to attend court unless the ankle pads were reinstated.
Watch the trial below, courtesy of SABC:
Gross violation
Mncube’s lawyer, Charles Mnisi, raised concerns about his client’s condition, saying he was “in pains”.
“He is unable to concentrate. I’m unable to receive any instructions from him.”
“If the court were to insist that, despite this gross violation of a human right that he has been subjected to, this court says it can continue, I wish to inform the court with respect that I do not want to be seen to be part of that violation of a human right of Mr Mnube when attending this trial, because he’s not only been foot-cuffed, he’s also been handcuffed,” he said.
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Mnisi added that unless the matter was addressed, he would ask to be “excused” from representing Mncube.
“I am not willing to validate what he is going through by simply standing up here and pretending as if nothing is happening,” Mnisi argued.
Attorney Sipho Ramosepele, who represents accused two Bongani Ntuli, also criticised the rationale behind the use of mechanical restraints.
“The reasons given are flimsy,” he said, adding that Mncube was being punished.
“No rational reason is given except to say there was an escape in Baviaanspoort,” Ramosepele continued.
Senzo Meyiwa murder trial postponed
Accused five, Fisokuhle Ntuli’s legal representative, Zandile Mshololo, said her client was never informed of the reasoning behind the new measure.
“It means if there is someone who is escaping from another prison, then other prisoners from other prisons, from other centres, will have to be punished or will have to be penalised,” she said.
Mshololo also contended that the decision was irrational.
“It’s unlawful because it has no basis.”
Mokgoatlheng advised that the accused should file a formal complaint with the Judicial Inspectorate for Correctional Services.
However, Baloyi then requested an adjournment to resolve the matter.
Following a short break, Baloyi confirmed that a decision had been made to restore the ankle pads for Mncube.
The trial is expected to continue on Tuesday.
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