Judge rejects request for trial in trial for admission of cell phone recording into evidence
Before Sithole could begin his testimony, the court first had to deal with the issue of a transcript of a conversation between police officers who were at the scene when Julies was killed. The transcript was presented in court as Exhibit H on Tuesday.
The defense team objected to the use of the recording as admissible evidence, claiming that the manner in which it was obtained violated the law regulating the interception of communications and the provision of communications information (FADN).
They suggested that there should be a trial with in a trial to determine whether the recording should be used as evidence.
Judge Ramarumo Monama rejected these objections, saying the reasons for his dismissal will be part of his judgment.
The state attorney continued to question Sithole about what happened on the day Julies died. The defense team also objected to the State Council asking Sithole if he had seen Caylene Whiteboy shoot a gun before the incident that resulted in Julies’ death.
“It is character evidence that is obtained against the accused and it is not admissible as a general principle of the law of evidence,” objected the layer of accused number one.
Other witnesses should be called to testify as the trial continues. Caylene Whiteboy, Simon Ndyalvane and Vorster Netshiongolo have all pleaded not guilty to the counts of murder, unloading a gun in public, possession of ammunition and obstruction of justice.