Cape Town – Judge Robert Henney questioned the relevance of the evidence because it had happened prior to the day of the drive-by shooting in which Baby Zahnia Woodward was killed.
Prosecutor Liezel Herbst, however, countered that it did point towards premeditated murder, News24 reported on Thursday.
Judge Henney maintained though there was no direct link between happenings of the day of the shooting and the delivery of the guns prior to that.
Christopher September, Larry Johnson, Taswill Kriel, Morné May and Miriam Johnson have pleaded not guilty to one count of murder of the six-month-old Zahnia, 11 attempted murder charges, the illegal possession of a firearm and ammunition and obstructing the course of justice.
The cousin of one of the accused testified that she had delivered a shopping bag to him which contained what she thought were guns, the Western Cape High Court heard on Thursday.
State witness Simaney Kindo – who entered a plea and sentencing agreement for her involvement in getting rid of the car – said her aunt, accused Miriam Johnson, instructed her to take a parcel to Larry Johnson, who left it at his mother's house during the festive season in 2016.
On her way to Larry's father's house, she looked to see what was inside and saw "metal", which she later said were firearms.
Zahnia had been sitting with her father, Bradley Robyn, near the pavement outside his family's house. She was shot while she was on his arm. Robyn had reached for her dummy, which she spat out, when the bullet hit her in the head.
Her father was also shot in the thigh but managed to drive Zahnia to a hospital. Four other people were hit during the shooting and six others, who were also shot at, escaped uninjured.
On Wednesday, Zahnia's grandfather, Peter Robyn, movingly testified how he had been in his lounge working at the table when the shooting started.
He ran out and saw a white VW Golf reversing or rolling back in Carnation Street.
He said he did not know the two shooters in the car, but when he saw them on Tuesday, he recognised September and Kriel.
“I ran out from Carnation Road, over the field into the middle of Kommetjie Road where the (white) Golf was leaving the area.
“And I had a rock in my hand. I wanted to make them stop. That is when accused three (Kriel) was hanging out by the window shooting at me.
“I threw the rock and it hit the driver’s side of the windscreen. That’s when I saw Larry was the driver. He tried to duck, but I knew it was him.”