The state has admitted that it failed to prove its case against EFF leader Julius Malema’s co-accused, Adriaan Snyman.
The two are appearing in the East London regional court in relation to an incident in 2018 when Malema allegedly discharged a rifle during an EFF anniversary celebration at the Sisa Dukashe Stadium in Mdantsane.
Malema is charged with the unlawful possession of a firearm and ammunition, discharging a firearm in a built-up area or public place, reckless endangerment of people and property, and failing to take reasonable precautions to avoid danger to people or property.
Snyman, the EFF leader’s bodyguard, is charged with failing to take reasonable precautions to avoid danger to people or property, and providing a firearm or ammunition to someone not allowed to possess it.
Both men pleaded not guilty.
On Monday, senior state prosecutor advocate Joel Cesar, while making the state’s closing argument, conceded that the viral video footage allegedly showing Malema handing the firearm to Snyman was not clear.
The footage landed the pair in hot water.
State failed to prove case against Malema’s bodyguard — prosecutor
Image: RANDELL ROSKRUGE
The state has admitted that it failed to prove its case against EFF leader Julius Malema’s co-accused, Adriaan Snyman.
The two are appearing in the East London regional court in relation to an incident in 2018 when Malema allegedly discharged a rifle during an EFF anniversary celebration at the Sisa Dukashe Stadium in Mdantsane.
Malema is charged with the unlawful possession of a firearm and ammunition, discharging a firearm in a built-up area or public place, reckless endangerment of people and property, and failing to take reasonable precautions to avoid danger to people or property.
Snyman, the EFF leader’s bodyguard, is charged with failing to take reasonable precautions to avoid danger to people or property, and providing a firearm or ammunition to someone not allowed to possess it.
Both men pleaded not guilty.
On Monday, senior state prosecutor advocate Joel Cesar, while making the state’s closing argument, conceded that the viral video footage allegedly showing Malema handing the firearm to Snyman was not clear.
The footage landed the pair in hot water.
WATCH LIVE | Malema and bodyguard’s firearm discharge case
Snyman did not testify during the defence’s case.
“As the officer of this court my job is not to secure a conviction at all costs,” Cesar said.
“My job is to assist the court to come to a correct decision.
“Accused number two, when I took a closer look at the viral video [it reveals] how accused two was just as shocked, from my perspective — and I might be wrong — when [Malema fired the shots].
“To me he seemed unaware or caught off-guard. He appeared quickly to take the rifle from [Malema].
“It is my submission in relation to accused number two that the state has not proved its case relating to that particular aspect beyond reasonable doubt.
“This submission is made after a proper consolidation of the evidence in relation to the third video, which is referred to as the viral footage, coupled with submissions in the state’s further particulars,” Cesar said.
The case continues.
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