Judge dismiss application for a trial within a trial for cellphone recording to be admitted as evidence

Before Sithole could commence with his testimony, the court had to first deal with the issue of a transcript of a conversation between police officers who were on the scene when Julies was killed. The transcript had been presented to the court as exhibit H on Tuesday.

The defence team objected to the use of the recording as admissible evidence saying the way it was procured was in violation of the Regulation of Interception of Communications and Provision of Communication Related Information Act (RICA).

They suggested that there must be a trial with in a trial to ascertain whether the recording should be used as evidence.

Judge Ramarumo Monama dismissed these objections saying his reasons for dismissal will form part of his judgement.

The state advocate continued to ask Sithole questions about what transpired on the day Julies died. The defence team also objected to the state council asking Sithole if he had seen Caylene Whiteboy shoot a firearm prior to the incident that led to the death of Julies.

“This is character evidence that is being elicited against the accused and it is not admissible as a general principle of law of evidence,” objected the layer for accused number one.

More witnesses are expected to be called to testify as the trial continues. Caylene Whiteboy, Simon Ndyalvane and Vorster Netshiongolo have all pleaded not guilty to charges of murder, discharging a firearm in public, possession of ammunition and defeating the course of justice.