Ruling on video prior to murder

MILLIONAIRE: MOVEMENTS IN LAST HOURS ALIVE

Defence objects because it’s not the original, but an abridged version for the court.

The High Court in Pretoria will today rule if video footage of millionaire North West businessperson Wandile Bozwana’s last hours alive was admissible as evidence in the trial of his four alleged murderers.

Bozwana was gunned down at a traffic light on the Garsfontein offramp of the N1 highway in the east of Pretoria in October 2015.

One of his former business associates, Midrand businessperson Vusi Mathibela, Sipho Hudla, Robert Mutapa and Paul Khumalo have pleaded not guilty to charges of murdering him and attempting to murder his lover, Mpho Baloyi.

The state earlier sought to introduce CCTV footage taken at a mall, a hair salon and a fastfood restaurant in Sandton, the N1 Garsfontein offramp and the parking area in front of a nearby business.

Baloyi, who was with Bozwana when he was gunned down, was testifying about their movements that day and what was depicted on the CCTV footage when counsel for the defence objected to the footage being shown.

The defence maintained the footage was inadmissible unless the state could prove its authenticity, the chain of evidence and its relevance. They also objected that the original footage was no longer available.

This resulted in a lengthy trial-within-a-trial during which numerous witnesses testified on the technical aspects of CCTV footage.

The police had downloaded the original footage and made an abridged version of the relevant parts to show the court.

Counsel for the state Jennifer Cronje argued the footage was relevant as it showed Bozwana and Baloyi’s movements leading up to the shooting and the movements of the suspects who were following them.

The footage was also shown to informers during the murder investigation to see if they could identify the suspects.

She argued that Baloyi and three independent witnesses had confirmed the footage had not been tampered with and the defence could therefore not object to the use of a copy of the original.

Last year, Baloyi testified that Bozwana had leaned over her to protect her when the occupants of a silver BMW opened fire on them. While badly wounded, she managed to drive to a nearby business for help. –