Malema’s firearm discharge case postponed after authenticity of video questioned

Economic Freedom Fighters (EFF) leader Julius Malema and his bodyguard Adriaan Snyman will return to court on Tuesday after their firearm discharge case was postponed.

The accused appeared in the East London Magistrate’s Court on Monday for the continuation of their trial, which has experienced a number of delays.

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The matter was postponed in September last year due to the unavailability of Malema’s senior counsel, advocate Laurence Hodes.

Malema and Snyman have been charged for the contravention of the Firearms Control Act after the EFF leader was captured on video allegedly firing an automatic rifle at Sisa Dukashe Stadium in East London during the party’s fifth birthday celebration in 2018.

‘Trial-within-a-trial’

During Monday’s proceedings, the state informed presiding magistrate, Twanet Olivier, that it intended to play the video before court, but Malema and Snyman’s lawyer, advocate Shane Matthews, both objected to the admissibility of the video as evidence.

“There is an objection. The authenticity and originality of the video is in dispute,” Hodes said.

The advocate argued that there was no cameraman who testified before court and confirmed that they took the video in question.

“There are various versions on social media concerning the incident. They differ,” he continued.

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“In these circumstances your Lordship, the state has failed to do so and they have an obligation to prove that a document or, in this instance, the video footage is authentic before it is used as evidence before your Lordship.”

The accused want the case to be dealt with through a trial-within-a-trial, according to Hodes.

But the state is opposed to this.

The matter will resume in court on Tuesday, with Magistrate Olivier expected to rule on whether she will allow the trial to continue, or grant the trial-within-a-trial in order to admit the footage.

Witnesses

The National Prosecuting Authority (NPA) hopes the magistrate will rule within the state’s favour so they could call two more witnesses in the trial.

“I think what is important here is to tell the public that this piece of evidence is just part of the evidence that we will be leading in trying to prove the guilt of the [accused] two persons in this matter. We have led the evidence of at least 10 witnesses already,” NPA Eastern Cape spokesperson Luxolo Tyali told Newzroom Afrika on Monday.

“The issue of the video, we have canvassed it in court that it must be admitted as evidence and we will lead evidence of witnesses that would corroborate what is on that video.

“[But] the defence is opposed that and is calling for a trial within a trial and we are opposed to that. We are hoping that the magistrate will rule in our favour so that the matter can be dealt with to finality.”

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