Meyiwa trial: Defence plans for discharge application to be considered by Legal Aid

JOHANNESBURG - As the defence in the Senzo Meyiwa trial decides to take its shot at the accused being released, their plans for a discharge application must now be considered by Legal Aid.

On Thursday, the State closed its case, shifting the focus to the defence.

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They told the court that they plan on bringing a section 174 discharge application for all five accused.

The five men are accused of the Bafana Bafana captain’s 2014 murder in what the State believes was a hit.

The decision by the defence to bring a discharge application in terms of section 174 of the Criminal Procedure Act means they believe there is no real evidence against the accused for a conviction to be secured.

The defence will have to make arguments for who they believe the application should be granted to, and the State will oppose.

But because the accused’s case is funded by Legal Aid, the defence will first have to consult with Legal Aid, and their intention to bring the application must be discussed by a committee.

The same committee will decide whether to fund the discharge application, informing the next steps by the defence.

The court has adjourned the matter for two weeks for Legal Aid to make a decision.