'DIE, YOU DOG': SECURITY GUARD BREAKS DOWN AS HE RECOUNTS AK-47 AMBUSH IN 'CAT' MATLALA TRIAL

[00:00:08]I did not have a problem that day. But the following day, that's when I start thinking I've been one of the people that you've been buried today.

[00:00:21]>> Thank you.

[00:00:40]I want to know from you um when you made your statement afterwards is it correct? So that um you made more than one statement that is correct.

[00:00:58]statement more than one statement.

[00:01:02]>> That's correct. Yes, that's true.

[00:01:04]>> So when you made your first statement at that stage when you related your story, have you then had the opportunity to see the video footage of this incident at that?

[00:01:32]No, I did not.

[00:01:44]But you have been since that incident.

[00:01:57]Yes, I did do the video. Okay, what you saw on the video footage and what you told the court, is it the same thing or not?

[00:02:17]video.

[00:02:37]Now, before we go to the video, I just want to touch up on a few aspects. You mentioned that you struck the BMW and you specifically referred to the side mirror of the BMW. Correct.

[00:03:03]I think uh the evidence that was abused that was of a mirror, not a sight mirror. So it's incorrect. My respect for submission. Uh if the prosecutor puts to the witness that his evidence was a side just checking his nose. I'm checking my nose.

[00:03:45]I I have this but all the evidence was clear. I I write down verbatim as far as I can. Um she asked him when you shot that did you strike anyone of anything? The answer was yes. The BMW very well. Um, and then my learned friend said, "That's it."

[00:04:09]I assume. And then the witness answered, "The mirror, the windows, and the doors."

[00:04:29]She said, "Mother." You said the mirror.

[00:04:33]>> Thank you.

[00:04:34]>> Just clarify.

[00:04:34]>> I will I will clarify that.

[00:04:37]>> So sir, if you say you struck the mirror, can you be more specific uh to what to which mirror you're referring?

[00:05:05]I will say the side mirror. Remember we are not we were not at the house. We were outside the we find the the mirror in the house. Now here we were shooting at the motor vehicle. Let's move on.

[00:05:22]Whatever you talking with the greatest respect and I think this witness is somehow contemptuous through the legal facility. It is evidence with respect and honoring the integrity of this profession. The way he is talking I'm taking serious of it. Why you got your hand?

[00:05:52]How it just go directly to the country and as I would say when the motor vehicle was facing at the robot I would say the left mirror Do you know um in after the incident whether anything was recovered on the scene with regard to not the fire cartridges but anything else was recovered. I'm not I don't want to to you to answer on PSA. I want you to say directly from your own experience that you witness that anything was seized from the ceiling not the cartridges anything else.

[00:07:48]Yes.

[00:07:56]>> The cover of sight mirror as found there.

[00:08:17]and the pieces of broken windscreen.

[00:08:27]>> Where did you see this side mirror?

[00:08:31]Mighty it was lying on the street.

[00:08:52][clears throat] Do you know from your own personal knowledge what happened to that piece that you saw there lying on the street?

[00:08:59]What happened to you that night?

[00:09:20]pictures.

[00:09:21]>> What I remember is that I went to the bathroom and I took my handset or my cell phone and I took some pictures on the seat.

[00:09:37]Can you just repeat that please?

[00:09:40]Just repeat that please. Yes.

[00:09:42]>> I went to the guard room.

[00:09:46]I took my cell phone or handset and I took some pictures.

[00:09:56]>> Yeah.

[00:10:01]>> Yes. That's all the rest. The police officers who were there, they are the one who conducted the scene from where you were lying.

[00:10:23]And during this incident, tell the court how many people that you see a lighting from the BMW.

[00:10:44]BMW.

[00:10:47]I saw too that borders.

[00:11:06]some shots.

[00:11:08]>> And the third one also I lighted from that BMW and I think is a driver after the two has already Did you then at some stage after Oh, let me ask you about this.

[00:11:48]What happened to the BMW there?

[00:12:08]after they finished shooting. I hear one from those who were shooting that golf uttering these words. Die dog.

[00:12:24]die.

[00:12:38]>> After that one uttering those words, they bought inside the motor vehicle and they drove off.

[00:12:53]What did you then do?

[00:13:06]just when I stood up and then I pet on Mazo to walk up and it took a while then after that he stood up and he said to me we had very much Yeah. After that our manager came and there were lot of people there and there was lot of commotion and then yes the police officers did arrive also an ambulance arrived there and they say to to pick up the security guards of the beach because it it was announced that they are dead.

[00:14:18]>> Can you tell the court um the did you assist the police in looking for cartridges that came from the door fire on that night?

[00:14:37]I'm no that job is for the police officers because now if I can involve myself in that now I'll be contaminating this My lord. Um there is video footage of this scene available and I can see that my learned friend is already getting restless there in the corner. Um the thing is my lord I'm going to present this evidence in terms of section of the electronic consultations and transactions act.

[00:15:26]Um this witness um will confirm the video footage and I believe that it is reliable and relevant and then there born and admission and relevant court please. Thank you. Uh my lord, it is my instructions to object at this stage against the admisibility of the video evidence. It is so that video evidence is generally regarded as real evidence. However, the state still has a duty to prove beyond reasonable doubt the authenticity of the video evidence.

[00:16:36][clears throat] I respectfully submit that it's of significance.

[00:16:40]>> One second.

[00:16:50]is to prove the authenticity of the >> authenticity of the video evidence. No proper basis in my respect for submission with all due respect to my learner friend for the state has been laid. I submit that we we are not even certain where the video evidence region from.

[00:17:12]One second.

[00:17:28]No evidence has been aduced with regards to the downloading process. Sorry, one second.

[00:17:53]My lord, it is also my submission that what the state intends to induce is a mere extract from the complete recording that was allegedly recorded recorded on the night in question.

[00:18:11]>> [snorts] >> My learned friend indicated that she relies on section 15 of the Electronic Communications and Transactions Act 25 of 2002.

[00:18:30]Now, more specifically, she yesterday indicated that it would be section 15 read with section 14 of the relevant legislation.

[00:18:40]If I look with respect my lord at subsection 4 of the relevant legislation, subsection 4 reads, "A data message made by a person in the ordinary cause of business will copy or print out of or extract from such data message certified to be correct by an officer in the service of such person is in the mere production of the relevant footage >> is a subsection four relevant to what is happening before the court.

[00:19:16]>> Yes, indeed. Because that's the only section that my learn friend can rely on because my friend indicated that she relies on section 15 >> of this particular >> act. And what does section 15 say?

[00:19:30]>> Well, the subsection 1 2 and three and subsection four. Would you like me to read >> what does section 15 say? 14 >> 15 state is relying on 15.

[00:19:41]>> Yes.

[00:19:42]>> Please assist the court and read 15 for the court.

[00:19:45]>> Jesus. It's with regards to admisibility and evidential weight of data messages.

[00:19:49]Subsection one. In any legal proceedings, the rules of evidence must not be applied so as to deny the admisibility of a data message in evidence.