A WAR of words ensued between Advocate Zandile Mshololo and Judge Ratha Mokgoatlheng at the slain Bafana Bafana and Orlando Pirates captain Senzo Meyiwa case in the North Gauteng High Court on Wednesday, 7 February.
Mshololo, who represents accused five, Fisokuhle Ntuli, and the Judge were at each other’s throats when the lawyer objected that accused one Muzi Sibiya, who was in the witness box, was issued with an arrest statement back in May 2020 when he was arrested.
“My lord, I object on the basis of fairness that the witness cannot be referred to the statement that the arresting officer made,” she said.
Mokgoatlheng asked what statement she was referring to and Advocate Mshololo said it was made by the arresting officer.
“Not in front of the witness; he has no knowledge of this statement,” she said.
The Judge responded by saying he never said that the witness had knowledge or whatever.
“I just said where is the arresting statement? I’m not involved in wanting somebody to go to jail.
"After that, Mr Sibiya said, ‘Can you show me that arrest statement?’ Then I said, ‘Where is it? I took time to get it. After he got it, he said this is what they say is the arresting statement then I read it into the record. That is all I did, and you say it is unfair?” he asked.
Then, he further said that in his 50 years in the profession, he has never been accused of being a crook.
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“Don’t accuse me of being a crook, and I have 50 years in this profession. I’ve never been accused of being a crook,” he said.
Mshololo then disputed that she accused the Judge of being a crook.
“I’ve never accused you of being a crook. I am asking this court to listen to the accused when he said. Unless I can be shown the statement when he was arrested on that day, then my question is, my lord, the statement that has been presented to the accused is not the statement that was made by the accused; the arresting officer made it,” she said.
Mokgoatlheng then said nobody said the accused made an arresting statement, “he is not a policeman; what are you saying?” asked Mokgoatlheng.
When the dust seemed to have settled down between the two, Mokgoatlheng then further told Advocate Mshololo that he worked as an attorney for 30 years and as a judge for 20 years but was never accused of being a crook; he then mentioned some top judges who trained him such as George Bizos.
The cross-examination continues on Thursday, 8 February.
