SECURITY GUARD TELLS COURT WHAT HAPPENED DURING JOE "FERRARI" SIBANYONI SHOOTING

[00:00:00]Of course, will recall that yesterday the defense were so generous as to offer admissions.

[00:00:09]Um, and we drafted those admissions last night and printed it and prepared it.

[00:00:17]Apparently, it's not good enough for them. So, they asked that be stand stood down until after te. So, we'll deal with that later. Whenever you have the opportunity to deal with the admissions and if everybody's satisfied then we'll deal with it at that.

[00:00:32]>> Yes.

[00:00:32]>> Okay. Good.

[00:00:45]This witness will prefer to testify in Eisulu the Lord. And this witness also indicated to us during consultations that he does not have an objection of um being filmed and uh recorded. I must however however um already place it now on record that the majority of the witnesses with whom we um consulted um has a serious problem of being recorded or filmed in any way or named even. So um I'm just placing that on record already. I will alert the court every time before we will testify as to the position.

[00:01:52]Lord, before we commence with this witness, I notice that the witness has certain documents in his possession that he is looking at. I request that the witness not be assisted with any documentation unless properly placed before me.

[00:02:12]>> You just have to maybe first find out that's probably a copy of his statement but I will just ask him to put it away.

[00:02:19]>> Got in his possession statement.

[00:02:27]>> Yes ma'am.

[00:02:27]>> Mr. Is there anything in the law that prevents the witness from having a statement with him?

[00:02:33]>> My lord, we do not know whether that statement was made where it was fresh in his memory.

[00:02:39]>> Okay, just hold on a second. You got a copy of the statement there.

[00:02:43]>> Is that is that the police statement?

[00:02:46]No, no. Just before you do anything, is that the statement that you made to the police?

[00:02:51]>> Statement police.

[00:02:53]>> Yes. Statement.

[00:02:54]>> That's correct.

[00:02:55]>> Give it to council for accuse number one. there after give it to each council. Let them take a look at it first before we proceed.

[00:03:07]Has it got an A number? Is it a A number?

[00:03:12]>> Yes, it has.

[00:03:12]>> Is it a commission statement?

[00:03:14]>> 827 A >> six.

[00:03:17]>> Is that Can I just ask you, have you been privy to that statement before now?

[00:03:23]>> Correct. Has that statement been disclosed to you?

[00:03:26]>> It has been disclosed.

[00:03:27]>> Have you any objection to the witness having that statement in his possession?

[00:03:31]>> Uh my my concern would be my lord with respect that the only time that a witness is entitled to the contents of the statement previously uh deposed to is when a proper basis has been laid and for memory refreshment. not to basically testify because it in my respectful submission it it it infringes the right to cross examination to a certain extent. So that is my concern. Please uh Mr. Hind may please the court. The law is quite simple. Um you are not entitled to refer to your statement when you give evidence. It infringes the rule against giving evidence va um and and that is as old as as time immemorial when it comes to the law. You need to give evidence based on your recollection of what has transpired at the given time. You cannot refer to a statement that you made before. It infringes the rule that says you need to give evidence made sir.

[00:04:34]>> I confirm with the sentiments that has been expressed that is the law and the witnesses to testify. Excellent. Mr. concern >> as the court is doing doesn't affect me but the the only time the witness would obviously h have the latitude of h repressing his mind is before he gets into the stand and that the prosecutor should have done before to say do you want to read your statement and at that time he would have been allowed but not to have the statement as he's busy testifying as the court >> my lord I was not um going to lead this witness with his statement in hand. So that was never my intention. So I will just ask that the statement be put away.

[00:05:18]>> Okay.

[00:05:19]>> He doesn't need the statement. He can just tell his story.

[00:05:21]>> Baba, you have any objection? Just to keep it with you to give you comfort, but don't refer to it.