Cape Town - A judge is to rule on whether a trial within a trial should be held to determine the authenticity of video footage in the case against internationally renowned artist Zwelethu Mthethwa who is charged with kicking and beating to death a sex worker in Cape Town in 2013.
Mthethwa has been charged with the murder of Nokuphila Kumalo following an incident that happened in Ravenscraig Road, Woodstock, in the early hours of 14 April 2013, and which was apparently captured by CCTV cameras.
The authenticity of that footage is now being challenged by Mthethwa’s defence advocate.
Western Cape High Court judge Patricia Goliath must decide whether a trial within a trial should be held to determine the authenticity, and therefore admissability, of the CCTV footage.
A group of sex workers has been protesting outside the Western Cape High Court every time Mthethwa has appeared. Holding placards calling for justice, they believe Mthethwa’s defence is employing delaying tactics. After two years of postponements, they say they are frustrated.
On Thursday, defence advocate William Booth and state prosecutor Christhenus van der Vijver presented heads of argument for and against the trial within a trial.
Van der Vijver told the court that the video material was “real evidence” and alluded to the fact “that almost all the evidence emanated from the CCTV footage”.
He argued that the State would need to present the video footage in a trial within a trial “as this is a very important aspect in determining the authenticity of the material”.
“This is precisely what the defence is trying to avoid,” said van der Vijver”
He called for the State’s right to a fair trial, saying that this was not just reserved for an accused.
But Booth told the court the footage should not be viewed if the trial within a trial was granted as its authenticity had not yet been proven.
If admitted as evidence in the trial within a trial, he said, it would prejudice Mthethwa. Booth added “such authenticity in fact cannot be proven by the State”.
Goliath was due to make her ruling later on Thursday.
ANA