State and defence lawyers clash over witness in murder case

ISAIAH MOREWAGAE
Staff Writer | Friday April 13, 2012 00:00

 

The three men are charged with the murder of Lesley Manga Ntshwane, which happened last May. At the centre of the storm is the testimony of Ntshwane's girlfriend. The defence had earlier hinted that they were going to use her as their witness during trial. Yesterday, when they appeared before High Court judge Key Dingake, the state filed supplementary summary of evidence and a list of witnesses with the court and the name of Ntshwane's girlfriend appeared as State witness number 20.

Defence attorney Unoda Mack, made his intentions known when he told court that they as defence lawyers, were not impressed by the the State's conduct. Mack told court that when they petitioned the High Court requesting bail for Stimela and Nkuna, they stated that one of their key witnesses was Ntshwane's girlfriend.

Mack added that they had already obtained a statement from her and are surprised by the State's conduct.

'The State had indicated that they had completed their investigations. We have interviewed and obtained statements from her. We had intended to call her as our witness. We are complaining about the manner in which the case is being conducted,' Mack said. He asserted that Section Eight of the Constitution guides them and they will produce further evidence in support of their complaint.

State Counsel Matlhogonolo Phuthego on the other hand was adamant that they had not faulted any law. All the three men have pleaded not guilty to the charges. They are to appear for mention again on June 25th while trial dates have been set for October 5-12 this year. All the accused are out on bail under the conditions that they should report to the police on set dates and abstain from interfering with witnesses. They were also required to surrender their travel documents. The court further asked them to avail two sureties of P50,000 cognizance each.

The accused are represented by Mack, Moses Kadye and Mmusi Kgafela while the State is represented by Ambrose Mubika and Mmapatsi Tshimologo.