THE state has been given the greenlight to use video footage of an assault incident involving eight members of Deputy President Paul Mashatile's VIP protection unit on the N1 in July 2023.
The decision was made by Magistrate Abdul Khan in the Randburg Magistrates Court on Tuesday, 7 May, as the trial continued for a second day.
The men face 11 charges and are currently out on R10 000 bail. The charges include assault, malicious damage to property, defeating the ends of justice and pointing a firearm.
Previously in court, defence lawyer Advocate Mswazi Makhubele challenged state prosecutor Elize Le Roux, claiming the video was not authenticated.
Further during argument, Makhubele said because of this, the video shouldn't be deemed as evidence throughout the trial and that the witnesses couldn't testify.
However, Le Roux persisted in her argument that she had no problem proving the authenticity of the video through forensics and witnesses. Her argument proved successful as she has now been permitted to use the video.
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The trial had a rocky start on Monday, 6 May, when Khan challenged the media's intention to cover proceedings. There was back-and-forth movement with the media ordered not to livestream proceedings, not report on witnesses until after the trial and not disclose the names of the witness unless given consent.
But the order has not been amended. Khan clarified to the media that they are allowed to report on the proceedings, including making reference to the witnesses' accounts.
This order did come with limitations including that the media still cannot identify the witness.
"Recordings of the witnesses' experience may be used only for reference in reporting. Actual clips may not be used. No live streaming or broadcasting of any testimonies will be permitted and no names of witnesses for the state may be published or reported on," read the order.
