Legitimacy of shooting video in Malema trial under spotlight

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Magistrate Antoinette Olivier is expected to make a ruling in the East London Magistrate’s Court on Tuesday afternoon regarding the legitimacy of video evidence in the trial of Economic Freedom Fighters (EFF) leader Julius Malema and his bodyguard, Adriaan Snyman.

Malema and Snyman are charged with the unlawful possession of a firearm and recklessly discharging it in a crowd of people.

During their appearance in court on Monday, their legal representatives argued on the admissibility of the evidence that the state had presented.
The video evidence is said to be depicting Malema shooting the firearm during the EFF’s anniversary celebrations event in 2018.

Malema and Snyman’s legal team argued the authenticity and legitimacy of the video that is said to have been recorded in 2018 during the party’s birthday celebration at Sisa Dukashe Stadium.

They argue that the state cannot prove beyond reasonable doubt that the video is legitimate and was not tampered with.

Lawyers for both Malema and Snyman say because the state does not know its origins, the video does not hold enough weight to be used in court.

This has resulted in the defence’s application for a trial within a trial.

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