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London Calling Podcast Yana Bolder
The highly anticipated trial of six men accused of mass murder in Ngobozana Village, Lusikisiki, faced a delay on Tuesday when the state unexpectedly provided previously undisclosed evidence to the defence just hours before court proceedings were set to begin.
The trial stems from the horrific events of September 28, 2024, when 18 people were brutally gunned down at two neighbouring homesteads in Ngobozana Village, near the rural town of Lusikisiki in the Eastern Cape.
The newly submitted material includes three witness statements and a SAP13 exhibit register, documents which were not part of the original docket.
Prosecutors told the court that the evidence only came to light following recent consultations with state witnesses.
During court proceedings, defence counsel raised concern about receiving fresh evidence so late, saying it required full re-consultation with the accused.
“It seems there are cases developing day by day, we need time to consider the advice given to clients and determine our next direction.”
The court agreed that it would not be fair for the defence to face witness testimony without proper preparation. The judge ruled that the trial would stand down until tomorrow morning, giving all legal teams time to review the new material and take further instructions.
In another development, it was confirmed that Accused No. 2, one of the six men on trial, is refusing to sign admissions under Section 220 of the Criminal Procedure Act.
His legal representative informed the court that, despite being advised on the legal implications, the accused did not wish to admit to any facts. As a result, the state will need to present full evidence on those matters.
The court also addressed, Mzukisi Ndamase, who is representing himself.
He was instructed to use the rest of the day to review the new documents, including the SAP13 register. The judge explained the register’s importance as it contains records of crime scene evidence booked into police custody.
The matter will resume on Wednesday, July 30, with the expectation that the state will begin leading its first witness.
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