EFF leader Julius Malema and MP Mbuyiseni Ndlozi leave the Randburg magistrate court. They are accused of assaulting a police officer in 2018 at the funeral of struggle stalwart Winnie Madikizela-Mandela in Fourways. Picture: Itumeleng English/African News Agency(ANA)
Johannesburg - The video footage of EFF leader Julius Malema and MP Mbuyiseni Ndlozi allegedly assaulting Colonel Johannes Venter was at the centre of their common assault trial at the Randburg Magistrate’s Court on Wednesday.
The handling of the footage evidence was in the spotlight as the EFF leaders’ lawyer, advocate Laurence Hodes, raised questions of whether the chain of events or case was recorded correctly as dates did not correspond with those given by the fourth witness and previous investigating officer, Lieutenant-Colonel Charles Seanego.
Day two of the trial brought more witnesses to the stand.
The fourth witness called was Seanego, who was the investigating officer of the case at the time. Now retired, he told the court how he had obtained the footage and what he did with it afterwards.
He said he obtained it from the Fourways Memorial Cemetery. It was collected from Deon Klingbiel, the former manager of the cemetery. He also heard of the video that Lieutenant James Bronkhorst was in possession of and made an effort to obtain it.
The footage and the manner in which it was obtained and handled was questioned by Hodes in his cross-examination when he asked Seanego how he obtained and handled the footage.
Seanego told the court that he followed procedure, stating that after obtaining the footage, he sealed the exhibit and immediately took it to the Pretoria Cyber Crime Unit.
Hodes disputed that, saying the dates he provided did not match those in the statement in which Seanego said he registered the exhibit in SAP13 and later sent it to Cyber Crime.
Hodes told Seanego that his testimony contradicted what Klingbiel said when he was on the stand on Tuesday.
“Mr Klingbiel says, and told the court, that you never sealed the exhibit in a forensic bag in front of him,” said Hodes.
Seanego disputed this.
The fifth witness, Warrant Officer Jack Smith, who signed for receiving the evidence, said the evidence might have been tampered with.
Smith told the court that when he received the footage, it came in a USB as well as a disc. On examining the footage, he created a photo album of about 23 to 30 images altogether.
However, 11 of the original number were handed over to the police.
When asked if there might be a possibility the photo album was tampered with, Smith agreed.
Outside the court, Malema addressed the media.
He said the State has no credible evidence against them and that witnesses were trying to hide information.
The case has been postponed to July for the State to bring more witnesses.
The Star
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