“THIS IS AN AMBUSH!” DEFENCE FIGHTS STATE OVER PHOTO EVIDENCE

Unresolved disputes over digital evidence files and missing transcript references forced a high-stakes courtroom confrontation that halted judicial proceedings.

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Defense counsel Mr. Mnisi launched a fierce challenge regarding the admission of exhibit 7 and exhibit 10, asserting that state prosecutors failed to establish when the electronic media stick was formally introduced into the trial record.

Lawyers searched official records from July 23, 2024, and July 24, 2024, during the cross-examination of Mrs. Vlengi, finding no statement from the prosecution formally introducing exhibit 7 as evidence.

Mr. Mnisi argued that private disclosures made outside the courtroom do not constitute valid evidence, emphasizing that the state bears the burden of proving every allegation beyond a reasonable doubt.

Defense attorneys maintained that Sergeant Mabasa only identified the physical contents of photo number 46 within exhibit S, without establishing metadata details, creation timestamps, or potential image modifications.

Mr. Mnisi cited the legal precedent of State versus Yengeni to reinforce that informal discussions between legal teams outside of formal court proceedings cannot bind the court or form part of the official record.

The defense accused state prosecutors of orchestrating a trial by ambush by attempting to cross-examine Mr. M using hidden file properties that were never established through state witnesses during direct testimony.

Defense attorney Mrs. Mshololo requested permission from the bench to double-check the memory sticks provided by the state against existing court records to verify whether exhibit 7 contained identical metadata.

State advocate Baloyi argued that the electronic evidence was disclosed to the defense on September 13, 2023, and was previously utilized by defense teams during prior cross-examinations.

Advocate Baloyi cited trial transcripts from October 2, 2023, where Mr. Mnisi requested state assistance to load a memory stick containing over 700 photographs into court computers for witness questioning.

Prosecution records from July 24, 2024, showed defense attorney Advocate Noman referencing specific timestamps, including an image taken at 11:52 AM on October 26, 2013, at Mazibuko Hostel near accused number three.

Advocate Baloyi established that the timestamp of 11:52 AM was extracted directly from the working copy documents in exhibit 7 and exhibit 10 rather than the standard exhibit S.

State files confirmed that cell phone downloads belonging to accused number three were formally entered into the court record as exhibit 10 on July 23, 2025, via a USB drive.

On July 24, 2025, advocate Baloyi clarified on the record that exhibit 7 and exhibit 10 represent duplicate copies of the same cell phone download data collected from accused number three.

The presiding judge noted that the digital evidence was previously introduced during the state’s case, suggesting that defense attorneys may simply have been unaware of the specific metadata embedded within the files.

Mr. Mnisi repeatedly implored the state to produce the exact transcript page and line number where Sergeant Mabasa testified regarding metadata attached to photo number 46.

Advocate Baloyi admitted that locating the specific page number required searching through extensive trial files containing testimony from Sergeant Mabasa that began on August 1, 2023, and continued through August 24 and August 25.

The judge ordered an immediate adjournment until the following morning, instructing both legal teams to examine the physical files together and locate the specific testimony.

The judge stated a firm intention to avoid any accusations of unfairness or improper conduct from either side during the file examination process.

Before the court formally adjourned, the official court interpreter addressed the bench to request an immediate replacement for the upcoming sessions.

The interpreter stated that she asked her supervisor Mr. Jonasi to take over her duties because Mr. Mncube raised formal concerns regarding incorrect language interpretations during past proceedings.

Respecting the right of Mr. Mncube to challenge interpretation accuracy, the court interpreter confirmed her total discomfort with continuing in the role and agreed to secure a replacement interpreter for the next session.

“THIS IS AN AMBUSH!” DEFENCE FIGHTS STATE OVER PHOTO EVIDENCE | MEYIWA TRIAL

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