Impossible to change cellphone data, analyst tells Mandela fraud trial

At no stage is it possible to change cellphone data, a senior police analyst has told the Bhisho high court.

This was based on his experience since 2014 as an analyst in the directorate of priority crime investigations’ (Hawks) provincial office.

Captain Adolf Ernest Jonker was testifying on Wednesday in a trial-within-a-trial to determine the admissibility of cellphone records data from some of the accused in the Mandela fraud trial.

Advocate Danie Dörfling SC, for former Dr WB Rubusana chair Pumlani Mkolo and BCM ex-mayor Zukiswa Ncitha, is challenging the admissibility of the data.

Before Jonker gave his evidence, Dörfling told the court the chain of custody of the evidence was in dispute.

Ncitha, Mkolo, former BCM speaker Luleka Simon-ndzele, former deputy mayor Themba Tinta, former councillor Sindiswa Gomba, former supply chain manager Thembelani Sali, Ondela Mahlangu, Viwe Vazi, Nosiphiwo Mati and Nqaba Ludidi have all pleaded not guilty to charges of fraud, money laundering and contravening the Municipal Finance Management Act.

The charges arise from the alleged misuse of R10m of BCM funds for memorial services for Nelson Mandela in December 2013.

Jonker said he had been roped in to assist with the analysis of the data in February 2021.

He received some data via a flash drive and some via email.

“It’s sent in a PDF format to protect its integrity,” he said.

Three cellphone numbers were from Vodacom while one was from MTN.

Jonker said the data he used was from cellphone billing which contained the records of all phone calls, SMSS and “whatever activity there was on a specific handset and linked to the cellphone tower”.

“I will receive the data from the investigating officer or directly from the technical support service unit in Gqeberha.

“After I received it ... I downloaded the contents and opened a file on my computer with a case number.”

Jonker said on September 8 he was in contact with Vodacom and MTN.

“I was requested by the state to assist in obtaining the data and I got it directly from the sources via email.

“This data was put in one file on a flash drive and handed over to the state [on September 9] to give to the defence.

“The contents of the data I received on September 8 is exactly the same data I used to do an analysis with.

“At no stage is it possible to change data. I can’t stand in court and testify and the defence have an expert that does the same work that I do, and they import that data sheet ... his answer should be the same as mine.

“If there’s a difference then it means it was changed. I have never heard of that, and in my experience it’s not possible.”

Jonker said the data he used was from cellphone billing which contained the records of all phone calls, SMSS and ‘whatever activity there was on a specific handset and linked to the cellphone tower’