A used cartridge found at Sisa Dukashe Stadium does not match the fingerprints of EFF leader Julius Malema and his co-accused Gerhardus Adriaan Snyman.
This is according to SAPS crime scene investigator and lab technician, Warrant Officer Philip Bekker, who was testifying at Malema’s firearm discharge case at the East London regional court on Tuesday.
Bekker had been called by the state to testify about his crime scene investigation and the laboratory work he carried out on the cartridge.
Malema is charged with unlawful discharging of a firearm in a built-up public place and recklessly endangering people and property. He also faces an additional charge of unlawful possession of a firearm and ammunition.
Snyman, a member of Malema’s security team, is accused of failing to take reasonable precautions to avoid danger to persons or property and providing a firearm or ammunition to a person not allowed to possess it.
Another state witness Ntombifikile Mankomo, who worked as a cleaner at Sisa Dukashe Stadium, testified that she picked up a cartridge while performing her duties at the stadium following the EFF’s fifth birthday celebrations.
Mankomo told the court that she was astonished by a cartridge because it was big, saying it was her first time seeing a cartridge of that size. She later showed it to her colleagues.
Mankomo was instructed by the Buffalo City Metro head of disaster management, Jonathan Khumalo, to hand it over to Nomfundo Lwana, the stadium supervisor. Lwana testified that she gave the cartridge to the police after they had asked for it.
Bekker told the court that his work on Malema’s case included reconstruction of the crime scene, saying it was pointed out to him where the stage was and where the cartridge was found. He told the court that he created markings and measurements.
Bekker admitted under cross-examination by Malema’s counsel Laurence Hordes that he had a difficult task because he had no idea of the exact position where Malema was allegedly standing, noting that if he was given photographs of where the stage was, it would have been better.
He also could not rule out possibilities that the cartridge could have been placed where Mankomo found it by someone, and that it could have been there long before the EFF used the venue.
The court also listened to the testimony of SAPS Lieutenant-Colonel David Jansen, who was working as a designated firearms officer. Jansen was responsible for firearms inspection and compliance.
He told the court that he conducted a compliance inspection at the offices of Snyman’s Tactical Security Services company in Durban with officials from Private Security Regulatory Authorities in an attempt to find the weapon that Snyman allegedly handed over to Malema to discharge during the rally.
Jansen confirmed that the state is in possession of a rifle it believes could have been the one Malema used, but said he could not testify on that because it was for the ballistic expert to do.
When cross-examined by Hordes, Jansen conceded that it could have been a replica that did not require a licence, and re-emphasised ballistic experts would give more details.
Snyman’s counsel Shane Matthews also questioned Jansen on the probability that the state is in possession of the wrong rifle since it was never transported to East London during the EFF rally.
Jansen admitted that he was aware of that, but said he is not the right person to talk about the merits of the matter.
The state is expected to call further witnesses as the trial continues on Thursday.
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