Matlala trial | Cele's cross-examination continues

[00:00:00]Good afternoon. Two big court processes underway. We'll be live to the trial against Osabum Pisakul in a moment. But first, Bethwell Cle the first prosecution witness in the attempted murder trial of Usimuzi Kat Matala and four others being cross-examined today.

[00:00:14]Cle is given details of the moment he says two gunmen opened fire in what he says was a botched assassination attempt on the taxi tycoon Joseph Byoni. News America's Linda Nissi following those proceedings joins us now. Hi, Linda.

[00:00:28]Good afternoon to you. We've seen the evidence of Bethwell Tle, what he says happened, the machine guns that came out of a white BMW.

[00:00:38]Where's the cross-examination focused?

[00:00:43]Well, Stephen, you'd recall that just yesterday, the lawyer for accuse number one was cross-examining Bethwell Tle and largely to the latter part of the cross-examination focused on the statements that he deposed and largely taking him up on the issue around the times that he testified about versus the times that are contained in the statement saying that in fact his testimony is on minor issues. um dishonest. That of course prompted a an objection from the state saying that there's no basis to essentially label his testimony on those minor issues as dishonest. But obviously they wrapped up their cross-examination which then paved the way for the lawyer for accuse number two who sits right behind me during this lunch break. He's now taking um this particular witness through the very same uh statements and of course looking at the time uh in which the statement was deposed to. And this of course is after the issue around the Centurion Gulf Estate was being dealt with earlier today. You would have heard uh this lawyer then bringing still photographs that he indicated he had taken this morning prior to coming to court to just get a sense from the witness of the entrance and the area in which is a big talking point in this particular matter.

[00:02:08]But of course the state then objected using the reasons that the defense used yesterday when they objected to the video footage being led in court. One of those issues include uh the authentication of that part those particular pictures but also the issue around disclosure saying that they had not received those pictures but essentially also raising the issue of these pictures also being taken by the lawyer himself. Take a listen to how that went.

[00:02:39]So I want to show you this photo first of all we haven't been shown these pictures.

[00:02:52]It's now coming as a surprise to the to the state.

[00:02:55]>> Mr. Fier um I'm hearing something about the identity of photographs >> for over weeks now and being chastised if we don't discover everything. But I mean, it's a two-way street.

[00:03:08]>> Mr. Proia, I'm hearing something about the authenticity of the photographs.

[00:03:13]Who took them? When were they taken?

[00:03:16]Who's the author?

[00:03:17]>> Are you calling the author?

[00:03:18]>> With the greatest of respect. These are still photos. And I'm going to use this witness to identify the photos.

[00:03:25]>> M. My lord, it is unacceptable. What is good for the good is good for the ganda.

[00:03:30]So, we were stopped from presenting visuals of clear video footage of the incident and now the defense wants to follow the same line. It is just not fair to the state.

[00:03:41]>> Well, with respect, I'm helping the state. They were unable to show the video. So, unfortunately, the evidence that's before your lordship hasn't been properly placed in context in relation to the scene. So, I'm really making it easier. These photographs were taken by myself at 6:00 this morning on my way to court. You see what >> witness in this case?

[00:04:06]>> So essentially Steven taking us back to those arguments that we heard yesterday.

[00:04:11]So that objection obviously prompted a ruling from the presiding officer and this is what he had to say. The court has carefully listened to the objection raised by the state and the cornerstone of the objection is simply that this document has not been properly authenticated.

[00:04:32]The legal representative of accuse number two has indicated that he's the author of the document and having carefully applied one's mind to the rules of evidence. This court is of the view that the objection by Miss Laru is not so far-fetched. It's reasonable in the circumstances the objection by the state for the use of this particular photograph is sustained.

[00:05:07]Well, Stephen, the defense is of the belief that running or leading this particular witness or cross-examining him on those particular pictures would have cailed what is now becoming a long process of getting to understand uh the layout of the scene itself or the area uh in which these particular vehicles were parked at. So at this particular moment they've had to stand down that particular aspect of crossexamination and focusing on uh the statements that he deposed. The expectation is that at some point after the launch amendment they will then focus back on the area where this particular shooting took place.

[00:05:48]>> Thank you very much indeed Linda and Nissi do appreciate that update from court. He and the team will be with them in court through the