By Johnathan Paoli
The Johannesburg Magistrate’s Court on Thursday heard arguments over whether disputed CCTV footage must be produced in the bail application of Victor Majola, who is accused of involvement in the murder of Warrick “ DJ Warras” Stock.
Prosecutors said video from a butchery across from the crime scene placed Majola with the alleged shooter and another man for about 45 minutes before Stock was shot dead.
The defence has challenged the existence and reliability of the footage.
Earlier in the hearing, investigating officer Captain Abe Montwedi told the court that a witness said Majola was overheard pointing out Stock on the day of the killing, allegedly saying “Nangu lomuntu” (“Here is the person”).
Majola’s lawyer, Dumisani Mabunda, said the footage was crucial to a fair bail process, and said the defence needed to see it.
“For the sake of fairness, it’s our humble request that the state should provide us with the footage. They have always been saying they have such footage. This video footage is very crucial for the bail application. He is determined he is not in the video footage. This court needs to determine whether there are lies in this matter,” Mabunda told the court.
He said the investigating officer previously indicated that viewing the footage was one of the reasons the matter was placed on the court roll, yet the defence had not been afforded an opportunity to see it.
He criticised the state’s handling of the evidence, saying he had requested proof that the footage was formally handed over to police but was told it was “in the car”.
“The accused is entitled to a fair trial and even a fair bail application,” Mabunda said.
He described the state’s claim that only one copy of the footage exists, and that the butchery owner somehow deleted it, as difficult to accept.
“To avoid an error in law, the video footage must be provided,” Mabunda said.
State prosecutor Vincent Mochabela opposed the defence’s submissions, saying that the onus rested squarely on Majola to prove exceptional circumstances warranting his release on bail.
He accused the defence of seeking to compel the state to assist in proving its case.
“The defence closed its case without indicating that it wanted the footage. After they closed their case, only now do they want the footage. Exceptional circumstances were not proven,” Mochabela said.
Mochabela told the court that the applicant had failed to establish a prima facie case for release and urged the magistrate to dismiss the defence application.
He said the footage was currently with the SAPS forensic laboratory in Pretoria and was not readily available, warning that circulating it could compromise the state’s case.
He stressed that the prosecution was not relying solely on the CCTV.
Mochabela said the prosecution had an eyewitness who identified the accused, adding that police had found photographs of the deceased and his personal details, including his address, on Majola’s phone.
In reply, Mabunda accused the state of “clutching at straws” and questioned why it was so difficult to make the footage available if it was being relied upon so heavily.
He suggested that the footage could be viewed in chambers rather than in open court to address any concerns about publicity.
Stock was shot dead on 16 December outside Zambesi House, in the Johannesburg CBD. He was trying to secure the building after disputes about rent collections, which had led to threats being made against him. His company, Imperium Ops, was contracted to provide security at the building.
Magistrate Annalise Tlhapi stood the matter down until 2pm, citing a busy court roll.
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