Lawyers want cop evidence on record

THE DEFENCE team in the Sinoxolo Mafevuka murder trial has objected to the State’s application to have bail records admitted into the trial record.

The State applied on Monday for the inclusion of all bail evidence.

The basis of the application was that the defence team had relied on bail record evidence.

Advocates Morne Calitz and Shaid Bruinders told the Western Cape High Court that certain evidence led in the bail proceedings of the two accused, Xolisa Mafilika and Athabile Mafilika, should not be admitted into trial record.

Calitz said during the bail hearing some evidence presented was hearsay.

Bruinders said “when calling the investigating officer to the stand, it was the State that led evidence that the investigating officer testified at the accused’s bail hearing”.

“I point out that if the bail record is introduced into evidence the investigating officer would have to be recalled to be properly crossexamined on the evidence given at the bail hearing,” said Bruinders.

He said a State witness was cross-examined and bail records were not introduced into evidence, by the defence.

“Accordingly the State is improperly attempting to introduce hearsay evidence, irrelevant evidence and character evidence into a main trial by ambush, and in an unconstitutional and irregular manner.

“It is submitted that even if it is found that the defence sufficiently raised issues pertaining to the bail record to warrant its introduction into the main trial, it must be redacted to exclude all ordinarily objectionable material,” said Bruinders.

The defence concluded that should bail records be admitted portions of it, including hearsay, should be excluded.

Acting Judge Taswell Papier ruled that the court will admit relevant evidence intended to be relied upon by the State and defence.

If no agreement is made on certain portions of the record the two parties would have to approach the court.

Mafevuka, 19, was found dead in communal toilets at the SST Block in Town Two, Khayelitsha, on March 2, last year.

The trial has been postponed until August 21.