Video edit may harm brutality case

A snapshot taken from the CCTV footage shows Morganathan Naidoo lying on the floor as a policeman approaches him.

A snapshot taken from the CCTV footage shows Morganathan Naidoo lying on the floor as a policeman approaches him.

Published Jul 16, 2013

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Durban - Video footage allegedly linking three policemen to acts of brutality appears to have fallen into the hands of an aspiring film-maker.

But the soundtrack and a main menu added to the footage have now brought the authenticity of the evidence into question in a court case.

Chatsworth policemen Yogandran Munsami, 23, and Jerry Abraham, 36, as well as their Port Shepstone colleague, Aniel Dalwat, 32, are facing charges of attempted murder, assault, house-breaking, defeating the ends of justice, malicious damage to property, and contravening the Animal Protection Act.

The State alleges that on December 27 last year the three policemen manhandled two men, Morganathan Naidu and Sadaswan Maistry, and struck them with a broomstick in a bid to destroy evidence against the policemen.

The trial had been scheduled to begin in the Durban Regional Court on Monday but was adjourned by magistrate Fariedha Mohamed for the evidence of the person who made the video, which the defence team is arguing has been edited.

The footage, titled Brutal, opens with a scene showing palm trees accompanied by relaxing music, the court heard.

“There’s even a scene selection to pick from. If that isn’t edited I don’t know what is,” said defence advocate Paul Jorgensen in his reply to the State’s application for an adjournment.

“But it would be futile to object even though the State has known for a long time that we’ll be arguing the authenticity of the video.”

Prosecutor Calvin Govender asked that the matter be rolled over to Tuesday so that the evidence of the person responsible for the video could be heard.

 

The State also alleges that the accused threatened to shoot Nicholas Rory Sabastian, and unlawfully entered the home of Pregen Govender and stole a DVD recorder and a monitor. The trio also face charges of contravening the Animal Protection Act for allegedly kicking eight dogs.

The trial is expected to begin on Tuesday.

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