Mabunda says reopening the defence case would not prejudice the state in any way.
Victor Mthethwa Majola’s attorney, Dumisani Mabunda, started proceedings on Friday with an application to reopen the case after presenting his closing arguments on Thursday.
This comes after the court on Thursday denied Mabunda’s request for the state to provide video footage in its possession that it intends to use as evidence in the case.
Majola appeared in the Johannesburg Magistrate’s Court on Friday for his bail application.
The court was supposed to hear the state’s closing arguments in the bail application of Majola in the murder case of Warrick “DJ Warras” Stock.
‘New evidence’ in Majola’s favour
However, Mabunda said he had obtained new evidence that might assist his client in the bail application.
“Before the state process, I just need to please address the court. Your worship, I want to bring an application to actually reopen the case based on new evidence of video footage that we want to actually help this court with,” said Mabunda.
“This footage is actually from third parties. Your worship, we do not know whether that video footage is in the state’s possession. But as far as the court is concerned, your worship, it’s reliable footage that is in possession of Eyewitness News.”
Magistrate Annalise Tlhapi asked: “Is it reliable, and from what you said, you are not sure. So I want to say to you, is it a reliable source, and is it the same as what the state had?”
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“Your worship, we don’t know what video footage the state has since the court decided that particular video footage was not necessary for these proceedings. So now, as we have always maintained, it is a matter of public interest,” responded Mabunda.
“In reopening the case, the court can actually look into evidence that is presented by a third party as long as we show that that particular footage is relevant, is material and is weighted to this case. And as far as I’m concerned, your worship, you don’t necessarily have to deal with the basic requirements in terms of normal trial proceedings. So in this instance, if the court is satisfied, we can bring it over just to satisfy the court on balance of probabilities, if there are exceptional circumstances in the interest of justice.”
‘Something new’
Magistrate Tlhapi lamented that the defence always seemed to file new applications immediately after closing its arguments, further delaying the proceedings.
“It seems each and every time on the next day of postponement, you always have something new,” said the magistrate.
“When I was asking you during your application, you said you’re done, you don’t have any further evidence, and every day you always bring something new.”
“It’s new evidence that was presented to me by a third party with a date of yesterday. Yesterday I spent the whole afternoon at court. I only found out about this late in the evening. It has a date of yesterday, late in the evening. And when I look at it, this is relevant for a bail application. The court will have to make a determination,” Mabunda responded.
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“I don’t want to interrupt you, but do you agree with me? On the first application, you brought your application, then you closed your case. The following day, while I was expecting the state to proceed, you said you were not done, and you brought an address. Then we postponed. Today is another one,” said the magistrate.
“But isn’t it our right, your worship, to request or to bring an application to reopen the case at any stage? Before the court makes a judgment on the matter. As long as it gives satisfactory and compelling reasons to the court as to why the court should consider this footage. This footage is in the public eye. It’s there for everyone to see,” responded Mabunda.
State says no to Mabunda
State prosecutor Vincent Mochabela objected to the application, saying the defence should have obtained all its evidence before the case commenced.
“Well-experienced attorneys, before they start with their paid application, they may make sure that they investigate their case thoroughly, gather all the information. Before they can begin the paid application, gather all required information,” argued Mochabela.
“So in this one matter, my learned friend, all the time, he closes the case all the time, then supplementary evidence. New evidence. And therefore, the state requests that the court dismiss the defence’s request.
“We didn’t fail to produce video footage. The video footage is in the lab. At this stage, it is not readily available. Furthermore, my learned colleague says he is not sure whether the footage he has is the same as that the state has. So we are just going to deal with the thing which he is not sure about.”
However, Mabunda said reopening the defence case would not prejudice the state in any way.
“The law allows me to reopen or to bring an application or a request for the defence case to be opened before the court can make a decision or judgment on the matter. Nothing stops me from doing that. It is only for this court to decide,” he said.
The magistrate granted the defence’s request.
She further warned Mabunda that the state may also use the new evidence against Majola at a later stage.
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