The Defense in the Senzo Meyiwa murder trial has argued that if it’s hand is forced, it will have to obtain a court order to compel the new state witness to testify in court.
This after the witness, whose name is yet to be revealed, through the state submitted her request for proceedings not to be broadcast live or recorded.
She is among those who were present in singer Kelly Khumalo’s Vosloorus family home in October 2014, when the former Bafana Bafana captain was murdered in what the state believes was a botched robbery.
Currently five men are standing trial for the murder.
State prosecutor, George Baloyi, says the witness is worried that she has to perform in public from time to time and there is a possibility that the public will form a perception.
Defense for accused number five in the matter, advocate Zandile Mshololo, has poked holes at the witness’s objection to be filmed.
Mshololo says: “Secondly my lord the issue of safety. I as the defence for accused number 5 have been posted on Instagram and other social media by the very same witness my lord.”
She says the witness is no stranger to media attention and can’t claim to worry about her safety when she has not concerned herself with ensuring the safety of others.
Advocate Dan Rosengarten, who argued on behalf of the media, says he believes the live broadcast adheres to the principle of open justice – which advocates for justice not to only be done but to also be seen to have been done.
“The witness has shown through interviews she’s done, that she is not camera-shy. She is actively Tweeting now (during) about these proceedings,” Rosengarten added.
The matter has been adjourned to Wednesday to allow for written submissions on the matter.