'The state failed to prove case beyond reasonable doubt': EFF on Malema's firearm discharge case

The EFF has asserted that the state “failed” to prove its case against party leader Julius Malema beyond reasonable doubt during closing arguments presented in the East London regional court on Monday.

Malema and co-accused Adriaan Snyman face charges of unlawful possession of a firearm and ammunition, discharging a firearm in a public place, and reckless endangerment of people and property, among others. The charges stem from an incident during the EFF's fifth anniversary celebration in 2018, where Malema allegedly fired a firearm.

The state argued that Malema's version of events, claiming he fired a fake rifle, was filled with contradictions. However, EFF spokesperson Leigh-Ann Mathys claimed the state's remarks were aimed at portraying Malema as “evasive, untrustworthy, and dishonest” rather than presenting substantive evidence.

“The defence's closing arguments were a powerful dissection of the state's case, highlighting the critical flaws in the evidence presented against Malema,” Mathys said.

“Through their arguments, the defence showed that the state failed to even present circumstantial evidence strong enough to warrant a trial of this length and intensity. They argued that the case should have been dismissed much earlier, reiterating that an acquittal is the only just outcome given the lack of credible evidence and the prosecution's inability to establish guilt beyond reasonable doubt.”

A witness who cleaned up after the event found an empty cartridge near the stage. However, Malema and Snyman's fingerprints were not found on the cartridge, despite it being proven that it was the firearm used by Malema.

“Notably, no gunshot residue tests were conducted on Malema, and the cartridge bore no fingerprints or DNA linking it to him. Additionally, serious concerns were raised regarding the chain of custody of the cartridge, further undermining its validity as evidence,” Mathys said.

The state claimed it was unclear whether Snyman handed the firearm to Malema based on the video evidence.

Mathys argued that no eyewitnesses were presented to confirm the alleged discharge of a firearm or any physical evidence of a handgun tied to Malema.

“By highlighting these glaring gaps, the defence demonstrated the prosecution's inability to prove their case beyond a reasonable doubt.”

The case was postponed to January 23 for the continuation of the closing argument by Malema and Snyman’s defence.

Mathys said the case has been prolonged and is politically motivated against Malema.

“These attacks on Malema's character are a desperate strategy to deflect attention from the state's failure to establish a compelling case.

“The long journey of this case has been an assault on the principles of justice and fairness. It is a textbook example of using state institutions to target political opponents, particularly those who champion the cause of the oppressed and marginalised. The EFF has always maintained that this case is part of a broader effort to tarnish the reputation of Malema and disrupt the revolutionary work of the organisation.”

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