Kelly Khumalo’s attorney, Magdalene Moonsamy has hit back at defence advocate Malesela Teffo, who told the High Court in Pretoria that a witness will tell the court that the musician and socialite fatally shot her boyfriend Senzo Robert Meyiwa by mistake in October 2014.
Moonsamy said the allegations made by Teffo, while cross-examining veteran police forensic expert Sergeant Thabo Mosia, amount to intimidation and character assassination.
“We are absolutely making formal submissions, this (is) intimidation that has been ongoing against myself and my client and (it is also) public persecution. We need to know which eyewitness is that?” Moonsamy told broadcaster Newzroom Afrika in an interview.
“We know that criminal law is based on evidence that must be tested. The way we understand what is unfolding in court, the biggest curiosity that posts itself is the intimidation of the defence for the accused, and how that then results in circumstances where we cannot be represented.”
The attorney insisted her client, Kelly Khumalo has been “prejudiced publicly”.
“We cannot wait to hear that eyewitness evidence. We want it to be known that this defamation, this borderline defamatory, character assassination not only of my client but myself by advocate Teffo which has been brought to the attention of the court,” Moonsamy said.
Moonsamy also said the five accused men on trial have not been paraded before the people who were in the house with Meyiwa on 26 October 2014, when the footballer was gunned down.
“That, by its very nature, is a circumvention of the process. They were identified by the police. They were not identified by those who were in the house,” she said.
On Wednesday, Teffo submitted to the court that an unidentified witness would testify that the singer shot Meyiwa, who was visiting her at the time.
“I put it to you Mr Mosia that a witness, not just a witness but an eyewitness will testify that Senzo R Meyiwa was allegedly shot by Nonhlanhla Kelly Khumalo by mistake, as it is alleged. Do you have a response?” Teffo asked Mosia.
The police sergeant said he had no response.
Teffo said: “The same eyewitness will further testify that the firearm used to shoot Senzo Robert Meyiwa by Kelly Khumalo came with Longwe Twala and the firearm is a revolver. Any response?”
Mosia said he had “no comment”.
The counsel submitted: “You remember that previously there was testimony that on the same day, there was a meeting in that house between the senior management of the police in Gauteng, including the MEC of Safety and Liaison then, (Sizakele) Nkosi-Malobane, with the family. Do you remember that?”
Mosia said: “I remember you asking me that, and my answer is that I cannot comment on that as well.”
Meyiwa was killed while visiting Khumalo, the mother of his child.
In the house that day was Meyiwa, Kelly and her younger sister, Zandile, their mother Ntombi Khumalo, Longwe Twala, Meyiwa’s friends Mthokozisi Thwala and Tumelo Madlala, Kelly’s 4-year-old son, Christian, and Thingo, her daughter with Meyiwa.
Five men, Muzikawukhulelwa Sibiya, Bongani Ntanzi, 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.
All of the accused men have pleaded not guilty.
The trial continues. IOL