In criminal court proceedings, witnesses provide detailed testimony about observations, including vehicle descriptions, occupant characteristics, movements, and specific details like clothing, window positions, and distances, which are then verified through photographic evidence to establish facts for the court.
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ALLEGED HITMAN MUSA KEKANA REMOVES MASK AS COURT HEARS APRIL 2024 ARREST | VUSIMUZI MATLALA CASE
Added:Yes, >> I must continue with the observation.
He's dispatching additional members to the area.
>> Yes. Yes.
>> I continued with my observation of the property.
Moments later, I noticed the Mercedes Viano exiting the property.
Is that now the same vehicle that you referred to? Yes, ma'am.
>> Earlier with the KK registration, >> KK16.
Okay.
Yeah, >> as the vehicle exited the property, um I could see that the the driver of the i20 was the same driver of the Vano.
Why would you say that?
>> Cuz the beer's driver side window was open and I I could see the mustard colored shirt. And yes, >> the vehicle drove towards me as the vehicle got closer, I could see that the passenger in the vehicle is the same as the matches the description, you know, the clothing description of the person I saw. I I identified in the I20.
>> The same passenger.
>> Same passenger, man.
M [clears throat] >> were there any change in their clothing appearance?
>> No ma'am. They were when they arrived they were relaxed and when they left the the house they were relaxed.
>> [cough and clears throat] >> So did they in other words again come from your right hand side and then drove past you?
>> Yes ma'am. [clears throat] What did you then do?
>> I informed Captain Cabella that the vehicle's moving and that I'm going to follow them until him and the team can arrive.
Yes, >> I started following the Mercedes Beher until Second Street, Second Avenue where the vehicle turned left at Uh while on S while on Second Avenue, we continue towards um the intersection of Collet and Second where the vehicle turned right.
>> Yes. Uh we were driving on Collet and the the Mercedes took the first lift. I believe it's new road.
Yeah, I think New Road. I believe it's New Road. Yeah.
>> Left in New Road.
>> Yes, ma'am. It was the first lift from Collet.
[cough] >> Okay.
>> Uh we continued on new road until 8th road where the vehicle turned right.
While on eighth, I noticed the vehicle make a U-turn in front at about a short distance in front of me. The vehicle made a U-turn and parked in front of a property.
I pulled pulled off and continued with observation.
So which which side of the vehicle did you then see?
>> The front of the vehicle.
>> Yes.
>> Uh the vehicle was when it made a U-turn, it parked in front of the property oncoming traffic direct on that side.
And what would you say was the distance from where from your stationary position to the point where the motor vehicle was parked in front of that property?
I'd say 60 60 m again.
>> What was the traffic like in that street in 8th Avenue? Oh, >> it's quiet, man. As the bottom of 8th Street, it's enclosed area, so there's not a lot of through through traffic.
Were there at any vehicles at all? Um, >> there was one vehicle that passed us the entire time I I was there with busy with observation.
>> So, it was a quiet street.
>> Yes, ma'am.
>> Yes.
Uh shortly after the vehicle came to a standstill in front of the property, I saw a gentleman exit the property.
He was wearing um denim like a denim denim overall with reflective stripes on.
Uh he was carrying he was approaching the Mercedes Vono and he was carrying a a wheel a mag of a vehicle in his in his hand.
>> A mag.
>> Yes. Yes. Yes. My lord.
Yes.
>> Uh at that stage, Captain Cindella and his members arrived.
Uh, I could see the the occupants of the Mercedes and the the gentleman with the mag the magum were having a conversation at that stage. Seaps arrived.
Now I want you to I want to take you a few steps back.
um to the point where you were parked in Fifth Avenue and you observed first the I20 and then later the the white um let's call it a V-class I think to um exclude any confusion a V-class Mercedes Benz was like a a mini bus >> shape is that correct right so firstly can you tell the court when the I20 came past you and you made this observation with regard to the occupants and etc. [clears throat] Just describe to the court what would you say was the distance from where you were seated [clears throat] to where you could make the observation of the occupants the moment that they passed you.
>> The furthest distance would be about 7 m. the the passenger of the Iuna A20 was approximately 7 7 m away from from me.
That is now in other words they were then in other words there were was there then a lane between you and the vehicle?
>> Yes ma'am.
>> Right. So um and later on may like you say moments later when the v uh the V-class came past you again um now in the lane closest to you.
>> Yes ma'am.
>> What would you say was that distance?
>> The driver was approximately 3 m from from my where I was seated.
Right. I would like to refer you now, my lord. I'm going to refer now to that selection um that I've uh informed the court of yesterday. So um [clears throat] Mr. Kasing is already in possession of a copy. and made extra copies. So, if I can just have the assistance of the court orderly, please witnesses and the defense for the witness and then for the [clears throat] defense.
Thank you. Thank you.
Before we proceed now to the photo album, just two more aspects. So, [clears throat] uh you were now parked at this apartment building. Can you just tell the court um with the premises to your right on which side of the street was that premises?
Was it on the opposite side?
>> On the opposite side of >> On the opposite side.
And then when you made your observation of the I20 when it passed you, could you see uh what was the position of the windows of the motor vehicle, drivers and passengers? Can you remember that?
>> Yes, ma'am.
Both windows were open and the occupants were relaxed and having a conversation.
>> [clears throat] >> You already mentioned that the driver's side of the V-class was open because you could see the um the arm with the mustard colored top sleeve of the driver. But what about the passenger on when they passed you? Was the V-class uh passenger window open or not?
>> No ma'am. It It was also lightly tinted, but the rear windows were darkly tinted.
But I noticed the passenger's description through the windshield, the windscreen.
>> The windscreen which was not tinted.
From the point where you started following the Mercedes-Benz V-Class, uh, from that point up to the point where you saw it, parked in front of that property. Did you ever lose sight of this motor vehicle?
>> Not. No, ma'am.
>> Thank you. Now, we can proceed to the photo album. And I'm going to also >> Can I just ask you, [clears throat] do the accused have a copy of the photographs.
>> Um, my lord, they don't have I've made eight copies. Maybe council can share with their clients.
>> I think it may be important for them to also follow what's going on in the photographs so that they can instruct their council properly as well.
Thank you so much Mr. Scia.
>> Well, unless Mr. Lu you believe it may be better you just reflect that picture on the screen.
>> I will see it. I will do that my lord.
>> So um Mr. Shepherd, I want to you can turn over the the cover and then we can have a look at the first two photos 25 and 26. [clears throat] I actually want you to have a regard to let's work with these the selection of photos up to photo number 33. In other words, we're working now with 25 to up to 33.
What can you say about the that group of photos?
These are the these are pictures of the V-class that I was following from that exited at number 34th.
If you look at picture 27, there's the mag that I was talking about, man, that the gentleman came out of the property with.
And what can you say about the position of this motor vehicle?
Let's go back to the first photo. If we go to photo number 25, what would you say about the position there?
>> That's where the the occupants parked the vehicle in front of that property, ma'am.
Now we can proceed to the next group of photos. So that starts at 92 and it runs up
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