The judge in the Senzo Meyiwa murder trial as ruled against the admission of the recording of a confession by accused 2, Bongani Ntanzi.
Delivering a ruling on the admissibility of a recording, which advocate Zandile Mshololo on Thursday said contained incriminating information, Judge Ratha Mokgoatlheng concurred with the defense that the constitutional rights of the accused were violated in the making of the recording.
During arguments on the admissibility of the recording on Thursday morning, Advocate Zandile Mshololo for accused 5, Fisokuhle Ntuli, told the court that having listened to the recording and having heard the nature of the information contained in it, Ntanzi’s constitutional rights were violated. Magistrate Vivian Cronje made the recording for her own use when she took down a confession by Ntanzi at the Boksburg Magistrates’ Court on the 24The state, in its submission, had told the court that the recording, although was not done for official purposes was done by Cronje in her official capacity recorded on her official laptop and was a mere electronic version of what she was reducing in writing.
“I have read the document which is in front of the court and the state has also indicated my lord that there is additional information which is not contained in the Exhibit JJ . I am submitting to say the information that the information contained in the video recording is not the same as the document submitted as Exhibit JJ if you listen to it. As a result, I submit we continue with the trial within a trial and after the ruling, the court may then listen to the video recording.
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