In criminal trials, evidence must be directly relevant to the facts in issue; consultations between prosecution and defense in chambers are generally considered irrelevant and inadmissible because they cannot prove or disprove any point of fact at issue, as established under Section 210 of the Criminal Procedure Act.
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MNISI DROPS THE HAMMER ON BALOYI’S HEAD! | Courtroom Showdown Unfolds@Skybriedge追加:
George Baloy walked into court today looking like a man who still believed the universe owed him a favor. Then General Leshabane opened his mouth.
And suddenly Baloy looked like someone who just realized the GPS has been lying to him for years. The General didn't testify. He unplugged the state's life support and left the machine beeping.
And Baloy, he jumped up so fast you'd swear someone whispered ethics inquiry behind him. He tried to hide behind the phrase consultations in chambers as if that magical spell could erase what the General just dumped on the record. Then Manisi stood up and delivered the line that should be printed on a billboard outside the courthouse. We are not the guilty who are afraid. At that moment, Baloy's troubles didn't begin. They caught fire. Let's take a listen.
He said that Les Montazi now had changed from a black hoodie into a grey hoodie.
Did he tell you that? No, my lord.
And he testified that Montazi then returned to the room of Kwabene to join all the gentlemen who were present in that room. Did he tell you that? No, my lord.
And he testified that at some stage later, accused number one was at the time wearing a red t-shirt took it off and waved it over his head announcing to all and sundry that was present there that they do hear that Senzo Mayiwa is no more. Did he tell you that? No, my lord.
>> Now, at the beginning of my this afternoon's interaction with you, I said uh Sifiso Gwabeni Zungu has testified in this case and essentially he rubbished all of this uh uh testimony of Constable Zungu.
He denied each and every allegation that you say Constable Zungu did not tell you about.
Gwabeni also refuted that all of this occurred.
You understand, General? Yes, my lord.
My lord, we have Some objection initially. We're not going to repeat that regarding the uh the the the testimony of uh of uh Sifiso Gwabeni Zungu.
And furthermore, Gwabeni stated that he hadn't seen Constable Zungu since their primary school days back at home until he saw Constable Zungu for the first time in 2017. So, the testimony of Constable Zungu that Gwabeni was uh with him at the hostel, it's incorrect. It's pure lies. That's what Gwabeni said. Understand?
Do you understand that? I understand it.
>> And it is your testimony still that despite your request for the contact details of Qwabeni from Constable Zungu so that you can follow up on this information that he was giving you. He frankly refused to finish saying to you, correct? Yes, my lord.
And also you testify that Constable Zungu frankly refused to make a sworn statement regarding the information that he was giving to you, correct?
>> Yes, my lord.
Now, general, before this escaped me, I'll come to this little bit because this one I've jotted the notes down.
At the beginning of our interaction when we said Constable Zungu Qwabeni denies that Constable Zungu was at the hostel on the 26th of October 2014. You mentioned [laughter] in your answer something to that effect that you also told Advocate Baloyi something to that effect that I did not understand. Clarify for me. Yeah, I I I told him that he completely refused to tell me the whereabouts of Qwabeni and he never told me that personally he was there. I told him.
Constable Zungu said he can't tell me where Qwabeni was located and he also said he can't tell me where he was located.
>> Your worship Uh my Lord, I want to say that clearly.
I also told Advocate Baloyi, Gininda, and Mfundisi that he must be careful of the statement of Zungu.
I told them straight.
Why was that, General? Can you elaborate?
Why did you admonish Advocate Baloyi? The reason, my Lord, was that after I submitted the statement to Gininda Gininda phoned me to say Advocate Baloyi is not happy about my statement because it's just hearsay.
And they said you must come to his office. I went there as and and find my advocate Baloyi there.
Uh my Lord, it's frustrating if junior members they they they try to sort of give false testimony to the Advocate Baloyi in the court.
And I realized that for me to go to Advocate Baloyi, it was not initiated by Baloyi but by Gininda.
>> What is the relevance of what transpires during during consultation?
Our learned friends don't put on record what what transpires during cross-examination. What is important is what is contained in the witness statement and that that is what must be placed before court.
There's no point in traversing issues that happened in in in in in chambers.
Must be then call those witnesses now to come and comment on what happened in chambers and and and veer completely away from the issues that the court is seized with. We submit my lord that it's improper to canvass such issues.
He is in the court my lord.
He needs to excuse me.
All right.
To hear that kind of thing.
I have an objection from the state asking what is the relevance of that which this witness is testifying about here in court.
So now at the onset of his testimony he said he was part of the trial and he was part of the investigation of this case.
What is it therefore that in the mind of the state is irrelevant in this case?
Being said by a person who says that at the onset of this case I have been also an investigating officer.
The consultation that he had in the office of the state prosecutor constitute part of the investigation that he was doing in this case. lord.
It is well understood this that the state might not be happy about the information that is coming here.
But the court will be reminded, my lord, that this is not for the first time that the court hears what transpires in the office of the state prosecutor.
Court heard that from Mr. Gwede.
The court heard that from Mr. Makhasonke.
The court heard that also from Mr. Zondo.
Uh Zondo, there was no objection.
But simply because this testimony comes from the court, uh I mean, comes from a person who the court has at all times maintained that uh uh not necessarily to use witness, but is from a high-ranking officer, my lord.
Then the state feels that they need to object. Why are they objecting now when they did not object at the time when other witnesses came and told this court about what transpired in the office of the public prosecutor, my lord? But in any event, in any event, my lord, while he is telling this court here constitute part of the investigation that happened in this case, it is in all material respect relevant, and this court is well positioned to hear that the uh that kind of a testimony from this witness, my lord. So that at the end of it all, all the investigation, all that happened in this case must be encapsulated in the judgment that the court will have to give at the end of the day, my lord.
Because as I am saying here, this witness testimony will form the broader basis of my argument as well on the nature on on on the wholeness, not really the nature, but on the wholeness of the conduct of the prosecution in this case, my lord. I would therefore submit that there is nothing irrelevant that this witness has told to this court, my lord. Objection, my lord.
Mr. Ramusitiri is also reminding me, my lord, by bringing it to my attention that at the onset of this witness's testimony, he said, "I am here to tell this court about everything that I did in my investigation and to assist the court to come to a just finding."
So, what is it that this witness What what what what Why should this state therefore expect that this witness should pick and choose things that he misled this court.
Because at the end of it all, the state will come up and say, "This witness is selective in memory."
We don't want that, my lord.
We don't want We don't We don't have anything to hide, my lord. Because you are not the guilty one that are afraid.
Thank you, my lord.
If I may respond to these submissions by Mr. Minister, firstly, it's not correct that we did not object about the consultations in chambers. If counsel were to traverse the record, we would see that we did raise objection.
And the simple reason for that, my lord, is that section 210 of the Criminal Procedure Act states that um no evidence as to any fact, matter, or thing shall be admissible which is irrelevant or immaterial and which cannot conduce to prove or disprove any point of fact at issue in criminal proceedings.
Uh my lord, what happens in chambers during consultation cannot be used to prove what what what what is in issue.
Um a statement is the basis, my lord, um, for um, leading a witness or cross-examining a witness. Um, and and not about issues that happen in chambers. There's no sworn statement to that effect. Um, the uh, Mr. Billy Jean Linda hasn't been given the opportunity, um, to, you know, to respond to that. Um, it is therefore our submission, my lord, that just as with the defense, what happens in chambers, my lord, um, ends in chambers. Um, and this court is not uh, called upon to determine, um, the the conduct of any party. There are responsible bodies, the LPC or the national director of public prosecution, if anyone has got any complaint. And not in this forum, my lord.
My lord, sorry, sorry.
I heard the objection and the complaint.
I will take this into consideration when I'm writing the judgment. Whether there's any irrelevance, as he he's argued. As if he's a culprit. Okay.
Now you've seen it. You've seen George Baloyi trying to swat testimony like mosquitoes, while the defense calmly loads artillery. General Leshabane didn't just contradict the state. He exposed the architecture of their panic.
He said Zungu never told him anything that appears in Zungu's own statement.
That alone is a category five disaster.
But when he started talking about what happened in Baloyi's office, Baloyi reacted like a man who suddenly remembered he left evidence in the microwave. Mkhize didn't even blink. He told the court with the confidence of someone holding the receipts that this isn't irrelevant. This is prosecutorial conduct, and it will form part of his final argument. And the judge agreed. Again, which means the state isn't just losing objections, they're losing credibility, control, and the narrative. George Belloy can object until the walls peel, but today proved something he cannot outrun. The defense isn't afraid. The truth isn't afraid.
Only the people who know what's coming are afraid, and today that wasn't Manici. It wasn't Leshabane. It wasn't the defense. It was Belloy. Thanks for watching, and I'll see you in the next upload. Goodbye.
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