South Africa: Murder Accused Wants Evidence Thrown Out

One of the accused in the Senzo Meyiwa trial, Mthobisi Ncube, has taken a step to change his plea related to unlawful possession of a firearm.

Advocate Charles Mnisi, representing Ncube, cited the legal principle of Autrefois Convict, saying that Ncube had previously been convicted for possessing the same firearm.

The firearm in question is believed to be the same weapon that ended the life of former Bafana Bafana goalkeeper Senzo Meyiwa.

The change to Ncube's plea, rooted in the principle of double jeopardy, seeks to remove evidence related to the firearm, claiming it as unlawful, invalid, and unconstitutional.

During the trial, it was disclosed that Ncube had been convicted of the unlawful possession of the same firearm in 2017 in a separate legal proceeding.

Judge Ratha Mokgoatlheng requested comprehensive details of Ncube's prior conviction, emphasising the significance of avoiding double jeopardy.

The court's ruling allowed the amendment of the plea and the introduction of this new legal dimension into the trial.

State advocate George Baloyi argued that the firearm was crucially connected to the crime, suggesting a bullet point connection to Ncube.

The court ruled to permit the evidence, prompting further intrigue in the unfolding legal battle.

The trial continues.

Compiled by staff writer

 

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