“Isingisi sinzima,” (English is difficult) were the frustrated comments made by Senzo Meyiwa trial judge Ratha Mokgoatlheng after he took offence to being called unfair towards the accused during proceedings.
The comments came after first accused Muzikawukhulelwa Sibiya requested the State to produce the arresting statement with his fingerprints, during his cross-examination on Wednesday.
Sergeant Vusimuzi Mogane’s arresting statement stamped on October 26, 2020, at 2pm at Benoni police station was read into the record by the judge. However, advocate Zandile Mshololo raised an objection.
“My lord, I object on the basis of fairness, the witness cannot be referred to the statement that was made by the arresting officer. It was not made in front of this witness, he has no knowledge of the statement.”
A comment which Judge Mokgoatlheng did not take too kindly as he highlighted he was simply assisting with the request made by the accused.
“I’m not involved in wanting someone to go to jail. All I did after Mr Sibiya’s request was to read it into the record and you say it’s unfair.”
While Mshololo tried to defuse the situation, a heated judge laid into the defence counsel, interjecting her.
“Don’t accuse me of being a crook, no listen to me, you must never, I’ve been in this profession for 50 years, I’ve never been accused of being a crook.”
Mshololo responded: “My lord I am not accusing this court, but I am asking this court to listen to this, my question is that the statement presented to the accused is not that which he made but that which was written by the arresting officer.
“Nobody said the accused made an arresting statement, hao ‘isingisi sinzima’ this witness never said he made an arresting statement don't misconstrue things, he said he wanted to see the arresting statement,” responded Judge Mokgoatlheng.
Even after the matter was resolved and had moved along with proceedings, Judge Mokgoatlheng again reiterated how he had been on the bench for 20 years and practised as an attorney for 30 years, and never been accused of being a crook or being dishonest.
“I was trained by amongst others Chaskalson, Mohammed, Bizos, they taught me to be honest in this profession. I’m just telling you who I am,” he said.
However, Mshololo refused to be silenced as she responded: “My lord, I am also an advocate and I am also defending the accused. I raised an objection on the basis of fairness, I have a right to also stand up and raise that objection, we all have different experiences, thank you.”
The trial-within-a-trial resumes tomorrow.
The Star