The defence in the Mthokozisi Ntumba murder trial has argued that charges against the accused should be dropped because the police officers in the video footage presented in court cannot be positively identified.
On Monday, lawyers representing the four police officers accused of shooting and killing Ntumba during a student protest in Braamfontein, Johannesburg, in March last year, said the footage viewed in court during the trial also does not show any of them shooting at anyone.
The lawyers were presenting arguments in the Johannesburg high court during their application to have the charges against their clients, Tshepiso Kekana, 27, Cidraas Motseothatha, 43, Madimetja Legodi, 37, and Victor Mohammed, 51, dropped.
They also argued that none of the state witnesses was able to place the officers on the scene.
After the state concluded its case in March, the four accused brought their application for discharge in terms of section 174 of the Criminal Procedure Act.
Such an application is made when after the state has presented its case, the accused believe the state’s case is weak and there is no need for them to testify, and charges against them should be dropped.
Ntumba, 35, was gunned down shortly after visiting his doctor for a consultation at MyClinic Health Care on De Beer Street on March 10 last year.
The father of four was killed when police fired rubber bullets at University of the Witwatersrand students who were protesting against historic debt and demanding to be registered.
The officers face charges of murder and three counts of attempted murder and have pleaded not guilty.
Judge Mawabo Malangeni is expected to had down judgment on Tuesday.
During the presentation of their arguments, Kekana's lawyer, Thomas Mohope, said the police officers from the Nyala vehicle could not be identified in the video footage presented and viewed in court.
The footage was obtained from the Johannesburg Institute of Engineering and Technology — a college adjacent to MyClinic.
''Only three police officers alighted from the Nyala police vehicle and the driver did not have a firearm. The police officers were holding their firearms up but no shots could be seen being fired therefrom,’’ said Mohope.
Prosecutor Evelyn Moseki said the officers were placed at the scene through the evidence of former officer Capt Mkhanyiseli Shange.
In his testimony, Shange said two days after the shooting, he and other police commanders were called to view the footage obtained from MyClinic at the Independent Police Investigative Directorate offices.
From the footage, Shange identified the Nyala as the vehicle used on the day of the incident and he identified the accused.
Motseothatha's lawyer, Emmanuel Netshipise, said he concurred with Mohope that the evidence emanating from the MyClinic footage should be “disregarded” because it was not presented as evidence in court.
A visibly confused and irritated Malangeni asked Moseki: “Is the state’s case based on circumstantial evidence?’’
Moseki responded: “Yes, it is, and our evidence is based on the video footage which was not presented in court.’’
During questioning from the judge, Moseki conceded that the officers seen in the footage presented in court could not be identified and that no shooting had taken place.
The courtroom gallery was empty on Monday. During the proceedings, the accused could be seen watching and listening closely to the arguments as they were presented.
The trial against the officers began on January 17, and 18 witnesses ranging from police, students, security officials, medical doctors and forensic experts, among others, have testified on behalf of the state.
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