UPDATE: Simba Mhere trial sees another delay in proceedings
KENSINGTON B – Advocate Roets argued the validity and admissibility of the GPS tracking unit data.
The Simba Mhere trial sees another speed bump in the progression of proceedings.
At the Randburg Magistrates’ Court today (15 September) debates reared again regarding the validity of the data evidence from the GPS tracking unit attached to Preshalin Naidoo’s vehicle.
Naidoo has been charged with two counts of culpable homicide after the tragic accident that occurred on William Nicol and the N1 on 31 January 2015. Simba Mhere and Kady-Shay O’Bryan lost their lives in the multiple-vehicle accident.
On 13 September, Magistrate David Mahango ruled that the evidence presented by the State may be used and that it didn’t render the trial unfair.
During proceedings, Defence Advocate Francois Roets began by questioning the validity and admissibility of the GPS tracking evidence. State Prosecutor Dinesh Nandkissor stated that it borders on being real evidence as the data stored as information and a print-out was made from that.
Roets referred to the Electronic Communications and Transactions Act 2002, Chapter 2 where it states that the data must be certified by an officer of that service and that data must be verified.
The State will call a witness who will testify as to how the evidence was collated.
Magistrate Mahango then ruled in favour of the Defence to hear heads of argument pertaining to the use of the GPS data evidence and to whether there will be a trial within a trial.
Heads of argument will be submitted electronically to the Court by 14 October.
The trial has been adjourned to 24 to 28 October.
