The state's application for a new witness has been dismissed by the judge in the trial of Ntokozo Zikhali, who stands accused of horrifically murdering four-year-old Bokgabo Poo.

The state had sought to present the statement of a witness who was with the investigating officer when Zikhali was arrested in October.

However, Judge Cox questioned the state's motives, as they had already closed their case on 3 August, and allowing the new evidence could potentially prejudice the accused.

"It is the court's duty to see to it that justice is served in this matter - to all parties - and that the accused has a fair trial. Allowing the state to present this evidence will render the trial unfair for the accused," the judge said.

Zikhali stands accused of murdering young Bokgabo Poo on 10 October 2022. The case garnered nationwide headlines when the child's body was discovered in the veld in Wattville. The toddler went missing while playing with a friend in Masoleng Park.

Prior to the dismissal of the application, state prosecutor Eric Sihlangu argued that the testimony of the witness to the arrest, Sergeant Sibuyani, was crucial in a trial-within-a-trial, aimed at determining if Zikhali's rights had been respected during his arrest.

However, the defence objected, stating that the delayed introduction of the statement amounted to a "trial by ambush".

In a separate ruling, Cox declared Zikhali's confession made during his arrest to Lieutenant Colonel Samuel Bronkhorst at Brakpan SAPS inadmissible.

Zikhali had claimed that the confession was not given freely as he alleged police assault. The court found the state's evidence insufficient to prove otherwise.

Compiled by staff writer