In criminal trials, judges must maintain impartiality and avoid introducing evidence outside the trial's scope, while proper evidence handling requires strict chain of custody protocols including official registration of seized items; failure to follow these procedures can compromise the integrity of the judicial process and potentially lead to procedural irregularities that affect the fairness of the trial.
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JUDGE RATHA WALKS OUT ON ADVOCATE MNISI, JUDGE DECLARES NTANZI HAD A PHONE WE ALL KNOW THEY DO IT🚨Added:
Now people saying I'm a cheat for nefarious leaders. I'm concluding I'm changing if you don't know the laws and the constitution of credit is the best parties I don't know >> you know what we are in this mess because of general Vincent Leavani. Let me tell you something about the general.
When the general was inside poverty within judge writer's courtroom, there was law and order. There was respect.
There was everything. Well, we'll skip the part with Jonas and his tantrum. But overall, in general with regards to my lord, we never heard any clicking sounds, any pans, any talking back to the defense. It was pretty much law and order. We were moving nicely. We were cruising nicely. All was in order.
Then the general left and just like that the judge Rata that we know returned to the building inside Pagati within and not only that he jumped right into the arena. What did he do in the arena?
He added evidence into the record that is not part of the Senzo Mayua trial.
What am I talking about? You are wondering. Well, later on you will watch. Nissi is now re-examining the witness.
In the middle of that re-examination somehow, Judge Rashard decides he wants to testify and he puts on the record that we all know. We all know who is we.
I think we need to quantify the Wii. And then he says that contrabands are always brought into the prisons, correctional services, does surprise visit. I mean, they can even they've even sneaked in a whole television. Then he forces the witness to stand up and back him up.
Ladies and gentlemen, what in the gut did I just watch? So, Judge Raer literally put on the record that just because the OB book or the SAPS 13 don't doesn't have that unani had a cell phone and that the cell doesn't have any electrical outlets or switches doesn't mean Danzy didn't have his cell phone. I'm telling you, that's literally the inference that the judge is putting on the record. He didn't say it, but why else would he talk about And then they swallow the mandrex.
Yeah. And then they swallow it. And then now that it's in, then they sell it. And then he forces the witness to say, "Haven't you heard about that?" Well, ladies and gentlemen, this was a shocker for me. What was even shocking is that my lord is now testifying. In the words of advocate Tani Joshua Gomezi the late may his soul continue to rest in peace and I think because his name kept on being brought up the entire week by the general my lord was triggered and has remembered how to return into the arena and he met no resistance. He even went ahead and testified.
I mean it was so shocking to me. He even went ahead and testified and put on the record that even Nelson Mandela did it.
Huh?
And N is like, I don't know what you're talking about. And he says, well, you better educate yourself.
You want to know how court ended? My lord walks out. And Ni goes, no, but you must tell the witness that she's got to come out. No. First says, oh, my lord says, yeah, we can adjourn for the day.
And N is like, I'm not done. And my Lord says, oh, we're so done. We are done.
What time is it? 3:30. Oh, perfect.
We're done, Nissi. And the judge stands up to walk out. And Ni is like, "But you haven't told the witness to return tomorrow." The judge responds and says, "She's a very intelligent woman. She She'll figure it out. She knows exactly what to do tomorrow at 10:00 a.m. Where?
What am I watching?"
So, Superili also re-examines the witness after the good doctor. I promise you, I skipped. I I I have a confession.
Okay, I'm going to confess. I I didn't watch The Doctor at all other than the clip I shared in the previous video. I couldn't do it. It's called for my own mental sanity. Yeah, I do the same with the giant logo station.
Um I didn't go back to finish the session this weekend, but I should. But anyway, I think I'm rambling now, but if you're not subscribed, you won't be able to ramble as well in the comment section. you you just won't be able to even check in cuz Hi everybody, welcome back to another great edition. This is your host of course witness you and I confirm my presence on behalf of we are not done with Zungu.
I also confirm my presence on behalf of Gumlu. Hello to the working gang. How you doing? I love you so much. Drop a one in the comment section if you're watching this from logo, from the workplace, from the office, from the stock room. Drop those ones. Drop those ones. I want to respectfully acknowledge you in the comment section. But don't forget, if you're not a member, no. If you're not subscribed, if you're not subscribed, if you're not subscribed, you won't be able to check in. Imagine not being able to check in and then your flight leaves cuz you just didn't buy a ticket. It is absolutely free to subscribe. So, make sure you hit that subscription button, turn on notifications, and you're definitely definitely a member of the insiders cuz no intruders, no intruders will be able to comment on this video. And I know you want to talk about Judge Ruter's behavior because guess what?
He just put himself on mute during the general's appearance. One thing's for sure, though.
He put himself out of mute. He took himself out of the naughty boy's corner and he returned ju just the way we know him. Ju just the way we know him. Mhm.
It is absolutely incredible. So when court resumes um it will be continuing his re-examination um I don't know is the judge going to continue where he left off with his educational lesson for us.
Absolutely interesting. But I've given you too many hints. Let me tell you another hint of what you're going to watch. You're also going to watch Oipora the Great. Uh, drop some flowers for him cuz he's doing amazing. He is doing amazing.
So he asked the witness, "Are there any electrical is inside the cell?" And even though the surgeent responds in Cedi, you can hear her sarcastic no. Like why are you asking me such a question? Like who would even think that there would be any electrical panels? Um it would be crazy, right? It would be crazy with with how expensive electricity is. Imagine providing an outlet for the TV. How are they charging the TVs? No, not charging.
How are they turning the TVs on now that I think about this TV assertion?
But anyway, let me end this uh commentary here. Okay, let's listen in and I'll be back with the rest of my commentary for it will be returning the OB book. Correct.
Yes.
as the court decis now ma'am I'm going to ask you a few clarification clarification questions based on the questions that you've been taken through by my learned colleague now >> now you were asked to describe the cells at the holding cells at Valeria SAPS and it's fixes what it contains remember that are there electrical plugs and electrical sockets within the cell holding cell itself Are there any conceal are there any spaces within the cells where an object like a cell phone may be concealed for notice?
No.
And regarding are there are there plumbing features basins and toilets within the subs and describe those? Will they have spaces, nooks and crannies where an item like a cell phone will be conceived in the basin or in the toilet itself?
Now you were also asked about the cell searches. Remember that.
Yes.
>> How often in your experience are the cell searches conducted?
>> It depend.
It depends when we when there's a hand over it can be said okay let's search the cells within the four five months that Mr. was held in detention at Ver. Would a cell search have been conducted within that period?
I cannot remember.
Now let's move to a different aspect. It was put to you that Sergeant Muan says he found a cell phone within the cell that was holding the stand. Remember that?
>> Yes.
Now I must be fair to you ma'am. your station commander, left tenant colonel uh Tuka, Captain Mueni, who was the relief commander on the day on the 7th of February, 2021. They've testified in these courts and they have both told this honorable court that as high ranking officials within that station.
They did not receive any report from any member at the Valeria police station that on that day the 7th of February 2021 a cell phone was found from cell phone number.
Okay. Okay. Okay.
Okay. And regarding sales such as inspections and visits, you were asked of the items that are normally usually prohibited. You check for cigarettes.
Remember that?
And items for example ma'am like weapons, knives, little papers, cell phones, will they also be considered contraband or prohibited items within the cells?
Let's move to a different aspect.
It was put to you that Sergeant Muan says that when he he found a cell phone on the person of Unanzi on the property of Unanzi which are the blankets allocated by the state he stated that he did not enter that cell phone in the registers. remember that.
I remember that.
Now ma'am, is it permissible under standing orders, directives and regulations for a police officer to seize an item of evidence from a suspect at the holding cells and not enter it into the official registers at the police station where it is allegedly obtained?
No, I properly and ma'am, if such a an object or item is ceased and obtained without being entered into the relevant official registers at the SAPS.
uh what consequences does that have on the chain of custody of that item as a piece of evidence?
>> No, my lord, these issues did not come out as a result of cross examination. My lord, and I do not recall asking the witness about chain of custody even the question wherein I said it was m did not enter the exhibit into the suspects.
Let me respond to the latter one and I'll withdraw this one of chain of castage. The the the one whether Moani said I did not enter the phone into the register. I wrote it even in my contemporarious notes. It was the question that was posed but ma'am let's not waste time. These are matters of argument. Now let me come to this side.
Now when Muhammi and Mana as police officers that are investigating, they are not based at Valyria SAPs visit individually or collectively. Is there anywhere at Valeria where they sign to show that they have visited?
Yes.
Where would they make the entries?
There's a visiting book.
And would that be a general public visiting book or a separate visiting book for police officers?
>> It's for for every anybody. But after they finish whatever they came there for, they must fill in the OB.
Thank you ma'am. Those are the issues that I wanted to clarify with you. Mr. This is not >> Yeah, it is a I do have few question that I also love to clarify the witness but we informed earlier on prior to commencement of her testimony that she could be done with some >> she could be >> she she's got a flu b >> so I don't want to sound unkind to her but I know to >> what time is it not >> it's He will pass through your office.
>> Are you still comfortable, ma'am?
>> Was all right.
>> Yes.
>> Yes, I am. My lord, >> can you last another 15 minutes?
>> Yes, I can.
>> Yes.
>> Yeah, we got a fit lady.
>> Yeah, she says she can last another 15 minutes.
>> I'm I'm going to be I'm saying I'll go beyond 15 minutes.
No, >> just go for 15 minutes because that's what she says she's capable of sustaining.
>> Okay. Yeah.
Thank you ma'am.
>> Thank you ma'am. This is not a cross examination but just clarification questions. Do you understand?
>> Okay.
>> Yes.
>> Thank you. Now you told the court that um there would be searches in the cells >> in order to determine whether there no contraband or substances or items that are not wanted in the sense not Why would this happen?
is not in position of such.
>> Yes. The reason why should they not have this man very short. Why are they why are the tenants allowed to not allowed to have those items that you mentioning among them the the the the secret the nail keepers and all those items which are are not allowed in the cells.
>> They may injure each other by using those items.
>> Thank you. Now, when investigating officers or whoever brings a person and in terms of the law, that person is supposed to be detained in your cells.
We're talking now about what do you do before that gets locked up in the cells office.
The police will come there office and book the the suspect in our in our books.
Yes.
One of these member or two of the members to the cells.
>> Then they will accomp be accompanied by one of the CSC members to the cell. One or two of the members.
When they arrive at the cells, the suspect is searched.
Members of the church office members of of the church office will then hand over blankets and mattresses and show them the place to sleep.
Thank you ma'am. You say the suspect before it taken to get locked in the cells that suspect gets searched. That's all.
This court has this many times that um in circumstances where that search that you're referring to now happened and the suspect gets to be and some items which is not a desirable item in the cell gets found in possession or a possession that gets confiscated. Is that what you also know or do?
Yes.
No. I said this court has had many a times that where a person is to be locked in the cells that person get searched first before they get detained and if the item that are found in his or her position that gets confiscated.
Yes.
Now, is that what should be happening in terms of the standing orders that you've been referring that have been referred to by the state?
Yes.
And many a times this call has heard that those confisticated items get recorded either SAP 13 if it will eventually be used in as an exhibit.
Yes, if it's an exhibit, yes, it's noted in the SAP 13.
If the item that is found in the possession of that detainee or the suspect is not something that will later on be used as an exhibit, then that gets registered in SAP2 which is referred to as a prisoner's properties register.
Yeah.
But beyond that there is this book that is is called SAP which is an occurrence book. All that that I've mentioned gets recorded in that OB book in that occurrence book which is almost like a master plan like like like the nucleus of everything that is happening in the police station.
Yes.
Thank you ma'am.
Now the state in their cross examination to you they say Moane and Moa after having received information that I choose number two had a phone with him in the cells they rushed there and they were able to find it number Okay. Yes.
Thank you ma'am. Um now against the background that you also confirm being the process that gets followed before a detainee get placed in in in in in in your cells.
The the the what what are probabilities?
What are probabilities that after that process that we just mentioned now has been followed that a prisoner that a detain could still be found with a cell in their possession?
>> My lord, my colleague is inviting the witness to speculate.
>> This is not a speculation. This is >> talking about probability.
>> Yes.
>> Yeah. So probability encapsulates >> speculative answers.
Let me put it in a in a in a different way.
The process that you have sketched to make sure that a person does not take into the cells something that is not allowed in the cells has been followed.
Yes.
Now that is if that process is followed to the latter of the law.
Yes.
>> Would a person still be found with a cell phone in the cells?
Furthermore, the witness testified she does not know what time was the cell phone or the search once conducted was only there.
Probably the state does not understand.
>> I understand. And that is by design. The fact that they they they they pretend not to understand is by design. The evidence before this court, Malor, is that Nancy has been in that caseria for more than 5 months, four to five months.
>> So what about that?
>> That is the basis of the question that I'm asking.
>> No, I'm just saying.
>> Yes. So the misunderstanding is by design, >> is it?
>> Yes.
But nonetheless, thank you.
The state is saying that is speculation.
But are you trying to make a proposition that contraband can be smuggled into the police station?
>> No. No.
>> Because it can be. Everybody knows that it can be.
>> No, I do not know.
>> I'm not.
>> Okay. Let me tell you about something you may know. Nelson Mandela smuggled >> a long walk to freedom.
>> Yes.
>> It's about 800 pages.
>> Yes.
>> Using Maharaj at >> Robin Island.
>> Yes.
>> Doesn't that tell you something?
I I'm I'm I'm hearing that for the first time.
>> For the first time. Okay. Get educated.
>> So it it is possible to smuggle people.
Wait. People smuggle contraband at the police station.
>> Yes.
>> Putting by eating it. Swallowing mandre tablets.
>> Yes.
>> Inside their Hello. Just just stand up.
>> Okay. Stand up. Just I want to see it.
Haven't you heard about that?
people people swallowing contraband meaning tablets or other forms of tablets in in a in a duct of a of a lung of a of a rubber and selling it.
I've heard about this.
We all know about it. We read about it in the press.
So it is possible. That's why the Department of Justice Department of Correctional Services conducts periodic searches, surprise periodic searches.
And I'm told and advised that people also smuggle television sets into the cells. This is television set into the cells. You have never heard of it.
>> TV whatever.
I did not hear about TV.
>> Okay, let us continue tomorrow.
>> I'm not What's the time?
>> What?
>> 15:32.
>> That's it. I said 20 minutes. I said 15 minutes. That's what I said.
>> Yeah. Yeah. He knows he's an intelligent lady tomorrow.
>> Okay.
>> Okay. You know what? This is worrying me. Your brother. Do you have a brother?
>> Yeah. You don't have you don't have >> I am >> Libu who went to you don't have to answer anything he was amongst the first inas in the 50s >> to leave the countries that's not a guy >> is that that's a guy >> yes of course I don't >> now kenel host I'm going to tell you that you are now adapting your evidence and let me read for you paragraph six of exhibit DD5 >> in position of accuse number two. It's a violation of that standing order. Now the state says this witness is not in a position to answer that question unless the state is insuring that this witness's IQ is very low.
Accuse number one was not there. They're busy now. That's why one would be tempted to say they're cooking, they manufacturing day in day out so that they can it can fit what the state wants to do because I can see I can tell this court now they don't have a casein documents but if the court can just look at these voluminous documents and I'll also have to study them and go and consult with Mr. Nure in order to get proper instructions.
I haven't received those as my >> I received another bundle of documents from the state of which I have not been able to read them. I can see also the email was sent last night at 2300 hours of which I was not told not to sleep and wait for this email. Unfortunately, I couldn't read it overnight. As a result, my lord, I would like to place it on record that this is a a trial by ambush. My lord, yesterday I had >> I'll say this slowly so that I'll be understood.
>> There are pages that are missing. And my lord, what is very bad in this trial is that the state is dishonest with this court.
>> Those are records that are relevant. I'm I'm I'm in possession of the 205s for Kikuma and the state I'm going to show the state that there was no such a communication. That is direct evidence.
I'm not sucking a dump to say I'm I'm looking for the number for Misa for whoever. I've got the records for Kikumar on the date of when Senzo was killed.
They're busy with 2018 2021.
we are not really interested. That's not our defense. Um that is the first thing and and secondly I I I hear the submissions of of Mr. Gomezu but I must respond to what Mr. I just wanted to say that is not correct. H when he spoke >> when he says you consulted he's not correct.
>> I I did not consult.
>> Okay fine.
Whatever information that comes after a food disclosures, after the trial has commenced, it's ambushed.
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