The video footage the state is relying on to prove its assault case against Julius Malema and Mbuyiseni Ndlozi took centre stage in the Randburg Magistrate’s Court on Wednesday, when two contradictory versions of how this crucial evidence was handled by police emerged.
Malema and Ndlozi are facing charges of common assault over their now alleged scuffle with Lieutenant-Colonel Johannes Venter at Winnie Madikizela-Mandela’s burial in April 2018.
Video footage of the incident purports to show them pushing and shoving Venter after he refused their vehicle entry to the Fourways Memorial Park that day.
Their trial began last October and sat for two days before being postponed. Proceedings resumed again this week.
The former investigating officer in the case, Lieutenant-Colonel Charles Seanego, took the stand for the state on Wednesday morning.
In his evidence-in-chief, now-retired Seanego told the court how he had collected a copy of the footage from then cemetery manager Deon Klingbiel, placed it in a forensic bag and sealed it in front of him.
Our CIC @Julius_S_Malema and Commissar Dr @MbuyiseniNdlozi are back in court after a short lunch break.
The court is hearing the matter of the policeman who in 2018 tried to deny them entry to lay Mama Winnie Madikizela-Mandela to rest. #HandsOffEFFLeadership pic.twitter.com/w9jczhb8xA
— Economic Freedom Fighters (@EFFSouthAfrica) March 10, 2021
The problem is this directly contradicts what Klingbiel himself said on the stand on Tuesday – something Malema and Ndlozi’s advocate, Laurence Hodes SC, honed in on under cross-examination.
“Would it surprise you that Mr Klingbiel says – and he told the court – you never sealed it in a forensic bag in front of him?” Hodes asked Seanego.
“I would disagree with him,” he replied.
Seanego was eventually forced to concede, however, that he had not made mention of this in his statement at the time.
Hodes on Wednesday also raised questions about how the footage was kept afterwards and whether the chain of custody was properly documented.
The case continues.
-The Citizen
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