The defence lawyer of IT consultant Muziwendoda Kunene closed his final arguments in his murder trial in the High Court in Bloemfontein on Tuesday.
Judge MH Rampai adjourned the matter until Wednesday when the defence of another suspect in the matter would deliver his final arguments.
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.
On Tuesday, Kunene’s defence lawyer, Jan Nkhahle, told the court they had done enough to show that there was a conspiracy against him involving his son Msebenziwenkosi, a dead policeman Superintendent Zethembe Chonco and several others.
Nkhahle specifically focused on Msebenziwenkosi, who has put Kunene Snr on the murder scene with his testimony and said Kunene Jnr and another state witness Noluthano Nazo had deceptive abilities.
Nkhahle asked the court to give particular attention to the testimony of Kunene’s son because he had more than one opportunity to save Hume’s life on the way to the murder scene in the Free State.
Msebenziwenkosi apparently drove with the victim to the scene.
Nkhahle also submitted that a controversial affidavit by Chonco was not needed by the defence because conspiracy was proven without it.
”I have outlined the presence of what is a conspiracy, without exhibit OO [affidavit], but this document is relevant and is reliable.”
Chonco, who was stationed at the Kranskop police station, was killed in a taxi violence-related incident in KwaZulu-Natal last year.
Kunene had as part of his defence handed in a copy of the affidavit, apparently written by Chonco, which was accepted as hearsay evidence.
It details 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 Nkhahle submitted the affidavit just confirms that a conspiracy existed.
”Accused number 1 [Kunene] does not need to proof exhibit OO [the affidavit] as long as he gives evidence that is reasonably true. Such evidence was given.”
Nkhahle said Kunene’s testimony showed he was a credible witness and that his testimony (on the conspiracy) could be reasonably, possibly be true and could not be rejected.
Kunene claimed the conspiracy against him was initiated at the beginning of the African National Congress’s (ANC) hoax email case.
Kunene was one of three men accused of and later acquitted in the email case, in which ANC members were alleged to have conspired against then ANC deputy president Jacob Zuma.
The case continues. — Sapa