Former Hawks head Shadrack Sibiya, (Photo by Gallo Images / Sowetan / Sandile Ndlovu)
Former Hawks head Shadrack Sibiya, who was one of the first officers on the scene after Bafana Bafana captain Senzo Meyiwa’s October 2014 murder, must be subpoenaed to testify, the defence said in the Pretoria high court on Monday.
Defence advocate Thulani Mngomezulu applied for the trial within a trial to be reopened because his client, first accused Muzikawukhulelwa Sibiya, said there were witnesses he wanted called to testify.
The defence wrapped up its submissions on 16 February after the cross-examination of accused number two, Bongani Ntanzi, in the trial within a trial, which was set up to ascertain the admissibility of the confessions Sibiya and Ntazi supposedly made to killing Meyiwa.
On 16 February, state prosecutor George Baloyi asked the court for a five-day adjournment to file closing arguments, after which the defence would have five days to respond. This was the reason for the trial being delayed.
On Monday, the state and the defence were expected to submit their final arguments to determine the admissibility of the alleged confessions.
But Mngomezulu said he was not ready to proceed with his heads of argument and “before that, there was a discussion with Mr Sibiya that there are certain witnesses he wanted to call. He instructed me that I must bring an application to re-open the defence case on his behalf and call those witnesses.”
Mngomezulu said the witnesses were Sibiya, Hawks detective Warrant Officer Meshack Makhubo and Colonel Vincent Leshabane. He added that the three needed to be subpoenaed.
Court proceedings on Monday were delayed while Mngomezulu and his colleague, Sipho Ramosepele, consulted their clients.
Mngomezulu told the court that it had been made clear to Sibiya that the Legal Aid Board had decided that he would not be paid for the work he had done during the trial within a trial.
“Subsequent to that, I was called by his uncle, who informed me they still require my services. They will rather terminate the services of Legal Aid and pay me privately.”
Moreover, Sibiya had terminated the services of Ramosepele.
Sibiya and Ntanzi are among five men accused of killing the footballer at the home of his girlfriend, Kelly Khumalo, on 26 October 2014 in Vosloorus, Gauteng. The other accused are Mthobisi Ncube, Mthokoziseni Maphisa and Fisokuhle Ntuli.
All of the accused in the trial have pleaded not guilty to charges of premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition.
The trial is expected to resume on Wednesday.