Johannesburg - A defence lawyer for motorist Preshalin Naidoo, who was involved in a car crash that killed Top Billing television presenter Simba Mhere and his friend Kady Shay O'Brien, on Tuesday asked the Randburg Magstrate's Court not to allow a computer printout of data messages as admissible evidence.
Advocate Francois Roets argued that the evidence the state wanted to introduce was inadmissible. He said that the printout couldn't be admitted as evidence because it failed to meet provisions of the Electronic Communication and Transactions Act of 2002.
The 24-year-old accused faces two charges of culpable homicide relating to the three car crash along William Nicol Drive in Fourways, Johannesburg, on January 31, 2015.
“It's a facilitating act, reference has to be made to section 14 that said the law required information to be presented in its original form,” Roets said.
He was opposing the state's application to introduce evidence from a tracking device that was in Naidoo's vehicle at the time of the fatal crash. “The integrity must be assessed considering whether the information remained complete and unaltered, except for the addition of any endorsement and any change which arises in the normal course of communication, storage and display,” said Roets.
Prosecutor Dinesh Nandkissor earlier told the court that “the printout is not hearsay but is real evidence”. Nandkissor said expert witness Lawrence Stalker, who worked for the tracking device company, was available to explain how the printout was obtained.
A few of Naidoo's friends and family were seated in the public gallery listening attentively.
The trial continues.
African News Agency