Final witness to appear in 'The Spear' hearing

The case involving the defacing of artist Brett Murray's "The Spear" was expected to start concluding in the Hillbrow Magistrate's Court on Thursday.

Louis Mabokela faces a charge of malicious damage to property after he allegedly defaced the painting, displayed at the Goodman Gallery in Johannesburg, on May 22 last year. He pleaded not guilty on Wednesday.

State witnesses Paul Warner and security guard Paul Molesiwa were cross-examined and described what they saw.

Molesiwa, who faces charges of assaulting Mabokela following the vandalism, testified he had been specifically told to guard the painting when he reported for duty at the gallery at 6am.

"The Spear", which depicted President Jacob Zuma with his genitals exposed, was part of an exhibition "Hail to the Thief II". It created an uproar over whether it should be displayed under the constitutional guarantee of freedom of expression, or whether it was offensive to the president and African culture.

Both Mabokela and Barend la Grange painted over the work separately. La Grange pleaded guilty to the same charge and paid a R1000 fine.

Molesiwa said he had gone to the toilet when a woman told him a painting was being smeared. When he went to intervene, he only saw Mabokela paint over the work.

"I saw him [Mabokela] alone. If there was someone else, I did not see him," Molesiwa said through an interpreter.

Warner recounted seeing both Mabokela and La Grange smearing paint on the work, and how he initially tried to stop Mabokela from leaving before backing off and using a cable tie to bind La Grange's hands.

He said he backed off from Mabokela as he was not the largest man. Molesiwa apprehended Mabokela as he tried to walk out the room.

A German client bought the painting for around R120 000 the gallery's logistics manager Alexander Pinero told the court.

"We only deliver on payment... As far as I am aware nothing was done to restore it."

The African National Congress took the gallery to court to force it to remove the painting. Shortly after an initial court process related to this had adjourned, the painting was defaced. The party later withdrew its case against the gallery.