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Defence lawyer in Mhere case questions veracity of car tracking evidence

The late Simba Mhere at the Gauteng Sansui Summer Cup on November 28, 2014 at the Turffontein Racecourse in Johannesburg, South Africa. Picture credits: Gallo Images
The late Simba Mhere at the Gauteng Sansui Summer Cup on November 28, 2014 at the Turffontein Racecourse in Johannesburg, South Africa. Picture credits: Gallo Images

The evidence the state intends using against the man accused of causing the death of Top Billing presenter Simba Mhere must be verified by a certified officer.

This was the argument Preshalin Naidoo’s lawyer advocate Francois Roets presented in the Randburg Magistrate’s Court on Thursday morning.

Roets is challenging the evidence‚ a computer print-out from a tracking company‚ that the state wants to use in its case against Naidoo.

Naidoo is facing two charges of culpable homicide – for the deaths of Mhere and his friend Kady-Shay O’Bryan‚ who was a passenger in the car Mhere was driving on William Nicol Drive in on January 31 2015.

“I did my level-best to go through the evidence. If it’s real evidence the state must say how it procured the evidence‚” Roets argued.

He said the evidence needs to be verified under the Electronic Communications and Transactions Act.

The state this week applied to call two witnesses: one from a car tracking company and the other from an insurance company.

The court granted the state permission to call the witnesses‚ ruling that Naidoo will not be prejudiced if the new evidence was led.

However‚ Roets on Thursday asked the court to allow the defence and the state to file heads of argument relating to the evidence being challenged. – TMG Digital

 

 

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