Thulisile Mapongwana
EFF leader, Julius Malema’s defence will file a Section 174 application in the East London Magistrate's Court asking for charges against him and his guard, Adriaan Snyman to be dropped.
Advocate Laurence Hodes - for Malema - and Advocate Shane Matthews say in five years, the state has failed to find substantive evidence proving that the accused are guilty of contravening the Firearms Control Act.
Snyman was charged with supplying a firearm to an unlicensed person and his defence argues in the videos before the court, that he cannot be observed exchanging an automatic rifle with Malema or anyone else.
The Investigating officer, Colonel Rodney Swartbooi, who was the last state witness, admitted the source of the video could not be found.
In a twist of events however, Matthews identified a third man in the video, Larry Mavundla, who is said to have signed out from his security company the automatic rifle linked to the cartridges found on the scene.
Swartbooi confirmed he did not interview Mavundla, even though Matthews says he was in close proximity to receive the rifle instead of Snyman, who he says was not contracted to guard that day.
Malema is seen firing seven shots among a crowd of people at his party’s fifth birthday celebrations at Sisa Dukashe Stadium in Mdantsane, thereafter moving towards the two gentlemen and re-appearing without the firearm.
The Commander in Chief, who owns a license for a handgun, has maintained the rifle in the video shoots blanks, while Swartbooi said because of the muzzle flash visible as he fires the rifle appears real.
The defence argued that Malema was assigned Police VIP Unit consisting of five officers, who in their statements said they were on stage with Malema and did not see or hear anyone firing shots.
Ballistics also revealed a fingerprint on the cartridge that could not be linked to the two accused.
Outside court, EFF Spokesperson, Sinawo Tambo said the defence had succeeded in showing the inconsistencies of the forensics expert who wrote on his report that he was asked to download all data on Swartbooi’s phone, while the Colonel said he only pointed out the two videos to be downloaded on his phone, which he failed to produce before court.
The application for the state to drop charges due to lack of evidence will be heard on the 20th of September.
