THE information on the handling of a video showing EFF leader Julius Malema allegedly firing a firearm was not properly recorded.
The East London Magistrates Court in the Eastern Cape heard on Monday, 11 September that Sergeant Dwayne Francis, who downloaded the footage, did not disclose from whom he had obtained it.
He also did not say in his statement that he had received any instruction as to which video to download.
Francis, who is from the Hawks, only stated that he had received the phone for evidence analysis from Colonel Swartbooi, the head of the detectives at Mdantsane Police Station.
Under cross-examination, however, he said he had received specific instructions on what to look for.
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Malema's lawyer Laurance Hodes SC said this gave the impression that Francis had received the phone from someone he did not know, while he knew the owner of the phone.
"You did not record from whom it came. You didn't say the phone belonged to Swartbooi, which created the impression that it was someone else's phone unknown to you, which was handed in for investigation. Do you agree with me?" asked Hodes.
Francis agreed and apologised to the court for not giving a detailed report. He said he did what he was told to do.
"I downloaded the video from a Samsung phone onto a DVD and sealed it in an evidence bag. I handed it over to another cop for further investigations. Another copy was handed over to Colonel Swartbooi," said Francis.
He said the video was on WhatsApp, which means it was received through that application.
Malema and his bodyguard and co-accused, Adriaan Snyman, face five charges, including unauthorised possession of firearms and ammunition, and firing a firearm in a built-up area.
A video went viral showing Malema firing what looked like a gun during the EFF's 5th anniversary at the Sisa Dukashe Stadium in Mdantsane, Eastern Cape in July 2018.
Malema and Snyman pleaded not guilty to the charges. The rifle belongs to Snyman.
Captain Suriel Kriel told the court that in August 2018, he received 14 firearms from Snyman.
"With the exception of one firearm, all of his firearms were handed back to him at different times," Kriel said.
Kriel said the firearm that was not returned to Snyman was handed over to Mdantsane cop shop.
The trial continues.
