/ 11 May 2009

Final arguments in Kunene murder trial

The state on Monday started its final arguments in the murder trial of IT consultant Muziwendoda Kunene in the High Court in Bloemfontein.

The case was held up for most of the day for the court to decide whether Kunene should get an opportunity to reopen his defence.

Judge MH Rampai had previously refused an application by Kunene to reopen his defence. On Monday he, however, overturned this decision after the parties had met in chambers last week.

After a short adjournment to consult with his lawyer, Kunene did not take up the offer to present new evidence.

State advocate Amanda Bester then started presenting her final argument.

Kunene, 45, of Ballito, Mumukeleni Khoza, 26, and Mphakamiseni Khumalo, 21, both of Msinga near Greytown, are accused of kidnapping and murdering Ballito estate agent Lynne Hume in October 2007.

The state alleges Hume, 47, was driven to a dirt road near Kestell in the eastern Free State and shot in the passenger seat of her white Volvo on October 23, 2007. The vehicle was then set alight.

Last week, the court heard testimony from four more witnesses after the state applied successfully to reopen its case.

The testimony followed the court’s allowing a copy of an affidavit from policeman Superintendent Zethembe Chonco to be admitted as hearsay evidence.

Kunene had, as part of his defence, handed in a copy of the affidavit, apparently written by Chonco. It detailed a conspiracy by the presidency and an elaborate plan to kill Hume.

Earlier, the state expressed the view that Kunene had in fact written the affidavit, not Chonco. Chonco, who was stationed at the Kranskop police station in KwaZulu-Natal, was killed in a taxi violence-related incident in the province last year.

Kunene’s defence was expected to deliver final arguments on Tuesday. — Sapa