ACCUSED SAYS COLD WATER IS MAKING HIM SICK | Judge Demands Answers | Senzo Meyiwa Trial

[00:00:04]You able?

[00:00:07]Mr. Albasini.

[00:00:08]Thank you.

[00:00:14]Answer.

[00:00:18]Okay.

[00:00:25]Oh, good.

[00:00:30]Is Mr. H.O.

[00:00:31]>> H.L.

[00:00:32]>> Oh, sorry. H.L.

[00:00:34]>> Albasini.

[00:00:35]>> Albasini.

[00:00:39]How many years ago?

[00:00:41]You know, I can't remember.

[00:00:44]Yeah, okay.

[00:00:53]Yes, yes, yes.

[00:01:28]Yeah, fine.

[00:01:33]You need requested postponement, obviously.

[00:01:44]No, no, if you want time to read etc. You see how many decisions I've brought?

[00:01:53]It's a serious matter, as you know.

[00:01:58]So, if you need time, there's no hurry.

[00:02:01]No problem. I'll grant you all the indulgence you you want.

[00:02:06]Because the state's case, I'm sorry, the defense case for number two is not yet closed. So, we can continue with another witness in the meantime when you're preparing.

[00:02:21]>> As a court leader, my lord, I wasn't anticipating >> Okay.

[00:02:29]>> If I If I can advise the accused or the witness and just get his instruction on what he >> Yes.

[00:02:37]>> intends doing.

[00:02:38]>> Yes.

[00:02:38]>> My lord, that's why I'm I I suspect and I don't want to get ahead of myself, but I suspect that it might be possible to dispense of this inquiry without having to have the inquiry.

[00:02:58]>> Okay.

[00:03:00]>> Depending on my instructions >> Yes, yes, fine. Fine.

[00:03:03]>> That's why if if I have a view that more time more time I would have been able to advise your lordship >> Yeah.

[00:03:11]>> um his position and his mind >> Yes. Okay, no no problem. What is the attitude of the state?

[00:03:22]>> We We do not have any objection, my lord, if he can be given ample opportunity to consult with Mr. Buthelezi.

[00:03:29]>> Okay.

[00:03:29]>> [snorts] >> And the other counsels?

[00:03:35]Mr. Ramusi P.

[00:03:38]>> My lord, I think it is prudent that counsel for the witness be afforded an opportunity, my lord.

[00:03:46]Mr. Mnisisi >> Are do do Mnisisi?

[00:03:53]>> I have no objection.

[00:03:54]>> No objection?

[00:03:58]Okay, fine.

[00:04:00]We are going on recess, is that not so?

[00:04:02]>> Yes. That is correct, Mr. Chairman.

[00:04:05]>> Starting on Monday?

[00:04:06]>> Monday, yes.

[00:04:08]>> Okay, so Where's Mr. Buthelezi?

[00:04:29]Can you interpret what the counsel said so that he understands what's happening?

[00:05:47]>> I >> I don't know. I did not go. No one gave me feedback.

[00:05:50]>> So, you didn't attend court?

[00:05:52]>> Our young advocate >> No.

[00:05:55]>> Okay.

[00:05:58]So, when do we postpone this matter to?

[00:06:02]Can you arrange a date with your colleagues here?

[00:06:06]After After consulting, obviously.

[00:06:13]So, I will stand down until, let's say, 12:00 or 1:00.

[00:06:18]What What do you intend doing?

[00:06:19]Otherwise, I I can postpone it, and then you can arrange the date of the inquiry with uh the defense.

[00:06:29]>> As court pleases, my lord, if we run into the term >> Yeah.

[00:06:33]>> the term of my availability is limited, and then we might need to appoint somebody else.

[00:06:41]Um But if we can make it standing down until after the uh with By that time, we must have an idea if it is going to be necessary to uh >> Okay.

[00:06:55]>> the matter might be resolved without >> Yeah.

[00:06:58]>> resorting to section 189.

[00:07:01]>> Okay. Okay, fine.

[00:07:02]>> As it pleases, my lord, before we adjourn, advocate Mncwabe indicated that you would like to place certain information on record.

[00:07:10]>> Yeah. Okay.

[00:07:14]As it pleases, the court >> Yes. This is the old issue that has been besetting accused number one relating to him using cold water every morning when he's supposed to come here.

[00:07:25]>> Mhm.

[00:07:25]>> He is saying that issue is still perpetuating or is continuing unabated to an extent that it's affecting his health.

[00:07:36]He is telling me he's sick today.

[00:07:40]He does not know whether he'll be in a position to be able to comprehend what is happening here because of his ill health, which is directly caused by him using cold water.

[00:07:53]The court will recall that the Bingo was here and made certain undertakings. I don't know what is happening with those undertakings, but briefly that is what he's saying, my lords.

[00:08:05]>> So, what do you intend doing now? What should we do?

[00:08:09]Call the authorities to come to court or what?

[00:08:13]>> Um my lords, they have been coming here.

[00:08:16]Well, uh I would leave it in the hands of the court, my lord, because it is the court which can give a directive in this regard. If wishes were horses, I would I would beg that the position be changed so that his health is spared for him to come and have a meaningful participation in this trial.

[00:08:39]That will cause a a non-delay of the trial, my lord. Unfortunately, I do not have that authority. It can only be It can only be a wishful thinking, but I think the court, with the inherent power that it has, can at least give a directive in this regard, my lords.

[00:09:02]>> Can you arrange, Mr. Baloyi, for this I'll have to sacrifice and come on Monday here.

[00:09:09]So, that the head of the prison should come here on Monday.

[00:09:13]We'll postpone the matter to Monday. Is that okay?

[00:09:16]Even if for you, Mr. Alberts, you can take your time and come on Monday if you think >> My lord, if I may I can request that they be Tuesday.

[00:09:24]>> Tuesday, fine. Now, Tuesday. Okay, no problem.

[00:09:27]Tuesday.

[00:09:28]Okay.

[00:09:39]>> Is it okay?

[00:09:57]>> Okay, they can adjourn until then.

[00:10:00]Mhm.

[00:10:01]>> Before we adjourn, can I just assist my learned friend who is supposed to consult with the witness?

[00:10:09]That we get an order, my lord, that the witness be not taken out to allow Mr. Advocate Hepworth to do a consultation here in court because last week on the adjournment you had a problem that the warders did not want to allow the consultation here because of some issues.

[00:10:30]So, if there is a court order, my lord, that they they allow the consultation until I don't know how long how long.

[00:10:39]Maybe until 1:00. That will Thank you.

[00:10:42]>> I support this. Thank you. I thank you, Mr. Ronald.

[00:10:45]My lord, yes, indeed. If I do not consult here and now, we are going to encounter the same problem which is that >> Okay, where are the the the gentlemen who are in charge?

[00:11:00]Yeah.

[00:11:01]Is it okay to stick around until 1:00?

[00:11:07]Hello.

[00:11:08]>> Yes.

[00:11:09]>> How many are you? Two?

[00:11:12]You're from where? Are you from Durban?

[00:11:14]>> I'm from Durban.

[00:11:16]>> So, you're here.

[00:11:18]>> Yes.

[00:11:19]>> So, there won't be problems.

[00:11:20]What are the problems you think you are encountering?

[00:11:29]Hello.

[00:11:30]>> Hello. They are supposed to be in the management of the prison.

[00:11:33]>> Who there?

[00:11:34]>> Head of prison.

[00:11:38]It's not a visit, it's a consultation.

[00:11:40]Is it okay?

[00:11:44]So, we can you assist with Mr. Alberts, the lawyer for Mr. Buthelezi.

[00:11:51]So, that if you want to consult here or I don't know, in prison.

[00:11:56]Then you you decide.

[00:12:02]Yeah, so for me to make an appointment, travel to Port Shepstone or consulting there Okay, fine.

[00:12:19]Okay, fine. Okay.

[00:12:20]Okay, so the matter is then postponed to Tuesday.

[00:12:24]The matter is then postponed to Tuesday.