CCTV video footage admitted as evidence in Bozwana case

The High Court in Pretoria has admitted CCTV video footage as evidence, showing slain North West businessman, Wandile Bozwana, followed before he was assassinated.

Judge Papi Masopha delivered his ruling on Thursday afternoon. This follows a trial within a trial in which the state wanted to submit the said video footage as evidence which the defence opposed.

At the start of the proceedings in the afternoon, the court orderly informed media that the use of cell phones and laptop has been barred.

Judge Masopa made a ruling to that effect on Wednesday, during closing arguments in the trial within a trial.

Bozwana was shot dead in Garsfontein, east of Pretoria, on 02 October 2015. He was accompanied by his business partner Mpho Baloyi. Baloyi suffered injuries during the attack.

The proceedings finally got underway where defence lawyers confirmed to court that they have received a report on a hand writing expert. The defence expects to use this evidence later in the trial. It is in connection with signatures on accused confessions.

Judge Masopa then delivered his judgment regarding admissibility of video footage evidence. Judge Masopa admitted the evidence, saying his decision is based on the purpose which this evidence will serve.

He further said it is in the interest of justice for such evidence to be admitted in court. The court also admitted Martin Froneman’s statement.

Froneman is the service provider whose company provided video surveillance service at malls where Bozwana and Baloyi were followed.

The defence had argued that the video evidence is hearsay and therefore should not be admitted. They also argued that Froneman has left the country and this denies them a chance to cross examine him.

Judge Masopa dismissed this when delivering his judgment. The case was then postponed to Monday. This is to allow defence enough time to prepare their response, since the prosecution has been allowed to show video evidence in court.