First State witness in Matlala's trial testifies

[00:00:01]Then he said, "Die you dog."

[00:00:04]>> Then he started shooting again.

[00:00:08]>> The August 2022 attack on taxi boss Joel Siboni opens the state's case against alleged underworld figure Vimuzi Kat Madala and his co-acused.

[00:00:20]Security guard at the Gulf Estate Bethle testified that he was with his colleague when armed men in a wide BMW allegedly accosted the occupants of a Ferrari and Golf 7 at the car park.

[00:00:46]Yes, we pull each other myself and then I managed to pull Mazibu behind a tree that is there at the golf course.

[00:01:04]Yeah. And then there there's something like a structure which is built on a concrete. And then there there are flowers that are planted in that a structure.

[00:01:19]Then I stood there and to look off what was happening or the incident of what was transpiring that day.

[00:01:30]They continued shooting at us.

[00:01:38]They were now they were shooting but they were not shooting at our direction.

[00:01:41]They were shooting at the golf seven.

[00:01:57]Then scream at me and he said utter this way that we can't die while you are in the position of a firearm.

[00:02:07]>> Says he heeded the call to draw his service pistol.

[00:02:12]>> Then I pulled out my firearm.

[00:02:16]>> Then I cocked it.

[00:02:19]I shy.

[00:02:20]>> Then I fired some shots.

[00:02:21]>> I shot fire. Yes, I fire some shots.

[00:02:27]>> Then I shoot five rounds of bullets.

[00:02:33]Then I peep a bit.

[00:02:37]They were standing there, my brothers.

[00:02:40]Okay.

[00:02:44]Then I can I can spot it. I can see that one of them has been injured a bit.

[00:02:51]when he ran into a motor vehicle, that person then he entered that motor vehicle through a window and at that time I was firing shots or I was pushing him with bullets.

[00:03:09]I pushed him with bullets. pushed him and the other one was shooting but shooting at the the the occupants who were inside that motor vehicle.

[00:03:25]>> The one of them I don't know who is that person.

[00:03:30]>> Then he said die you dog.

[00:03:34]>> Then he started shooting again.

[00:03:37]The state tried to turn to video footage but was stopped in its tracks in what the defense said was a prejuditial flouting of process.

[00:03:47]>> My lord, it is improper for the state to try and introduce evidence without laying a proper basis for not only introducing it but proving the evidence as such. And part of proving evidence such as the evidence at hand means that the state needs to interalia deal with the acquisition of such evidence.

[00:04:13]The state needs to follow or whoever the expert is that acquired the set evidence needs to follow the required ISO standard.

[00:04:28]It needs to be treated as any other evidence. In other words, the state needs to pro prove to the court that it's authentic.

[00:04:38]Follow the chain of evidence.

[00:04:42]The expert needs to come and give evidence on a number of issues. In other words, the state needs to present the evidence if they wishes to rely on this evidence of a competent and authorized person that acquired the set evidence originally.

[00:04:58]>> In cross-examination faced questions about an alleged discrepancy in the time of the incident contained in his statement.

[00:05:06]Cross-examination continues when the matter resumes on Wednesday. For news from Africa on channel 405, I'm Lein Damni at the High Court in Johannesburg.