The state wants part of the audio recording admitted as evidence in a trial-within-a-trial.There is no need to call an expert to testify about an audio recording of an accused allegedly confessing to his involvement inThe state is seeking an order to have the alleged confession statements of Ntanzi and his co-accused, Muzikawukhulelwa Sibiya accepted as evidence in the main trial.
“The state seeks to tender this recording as evidence. We mention that the parties and the accused were afforded an opportunity to listen to the recording over a period of two days.“The state seeks to introduce the evidence to supplement the pro forma completed by Magistrate Cronje insofar as certain details might not appear on the pro forma, but contained in the recording on the basis that the recording is an electronic version of the pro forma,” he said.
The prosecutor pointed out that Cronje indicated the recording was not meant for official use, but made out of practice to safeguard herself. The prosecutor also highlighted that the court can revisit the admissibility of the recording should further evidence be brought up later in the trial.
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