Cape Town – The defence has achieved a triumph as the audio recording of an accused confessing to their alleged role in the Senzo Meyiwa murder was deemed unacceptable as evidence.
The confession was declared inadmissible.
The trial which is taking place in the Gauteng High Court in Pretoria, included a trial-within-a-trial to determine the admissibility of confession statements made by the accused, Bongani Ntanzi, and a co-accused, Muzikawukhulelwa Sibiya.
Magistrate Vivian Cronje, who recorded Ntanzi’s confession, testified this week that she recorded the interview with his legal representative present but did not inform Ntanzi or his lawyer about the recording.
Initially, the state had not intended to use the three-hour recording as evidence but changed its stance.
SENZO MEYIWA TRIAL: JUDGMENT ON ADMISSIBILITY OF AUDIO RECORDING https://t.co/nVuPzPfBuL
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The defence challenged the admissibility of the recording, arguing that it was made without Ntanzi’s consent, which raised concerns about the infringement of his rights.
The judge, Ratha Mokgoatlheng, ruled that the recording violated Ntanzi’s rights and that accepting such unconstitutionally obtained evidence would result in an unfair trial, which would be against the interests of justice.
“If the recording is admitted as evidence, can it be said that it would bring the administration of justice into disrepute and that also it will be said to be an infringement of accused number two’s rights to a fair trial?” Mokgoatlheng said.
Consequently, the judge declared the audio recording inadmissible in the proceedings.
Compiled by Betha Madhomu