Judgment has been reserved in the application for discharge of firearm charges against Julius Malema and his bodyguard Adriaan Snyman in the East London Magistrate’s Court.
The two men are facing charges of discharging a firearm in public during the Economic Freedom Fighters (EFF)’s 5th anniversary celebrations that were held at Sisa Dukashe Stadium in Mdantsane in 2018 Mdantsane.
The discharge application was brought with the accused’s legal representatives arguing the state’s case is insufficient and is full of inconsistencies. The state closed its case last week.
The defence team argued that none of the state witnesses could tell whether the gun in question is real or not.
It was further argued that no witness, who was at Sisa Dukashe Stadium at that time, came forward to say they feared for their lives when the firearm was allegedly fired, and that no property was reported to be damaged because of the alleged firing of the gun.
Legal representative of accused No 1, Adv. Laurance Hodes says, “The reconstruction of the scene was not well done and that the viral video is not clear.”
Legal representative of accused No 2, Adv. Shane Matthews says, “There is simply no body who came before this court to claim that Snyman handed the gun to accused number one.”
The state maintained that it presented solid evidence to prove its case. The application was opposed.
State prosecutor Adv. Joel Cesar says, “A real firearm was brought into this court belonging to the company, a real cartridge was brought. You looked at it you looked at the firearm. I am of the view that the court was placed at the best position. We assessed the evidence and it’s fine in this regard.”
Magistrate Twanet Olivier is expected to make her ruling on the 19th of October.
Video: EFF leader Julius Malema and his bodyguard Adriaan Snyman back in court