Marianne Merten
The legal battle over video recordings of the 1996 murder of Hard Living gang
boss Rashaad Staggie moves to London courts next week where Reuters and Associated Press (AP) are opposing renewed attempts to obtain original footage.
The Cape High Court on Thursday ruled as inadmissible several videotapes that
police had seized on two occasions since last November from state witness Mr A.
Last week Mr A, who may not be identified, testified how several people supplied
him with copies of unedited video material although he had to ask permission
from Reuters to copy a selection of frames days after the murder.
Reuters and AP have for almost five years vigorously opposed any attempts to
hand over the original footage of the night Staggie was shot and set alight during a People Against Gangsterism and Drugs (Pagad) march to his Salt River
home.
The state maintains the footage is crucial to its case. Police raids on International Press Freedom Day failed last year to turn up the videos at either
international broadcaster’s offices in South Africa. A number of unedited tapes
were seized at the SABC.
Judge John Foxcroft’s decision on the inadmissibility of the videos came after
lengthy legal arguments in the trial of five former and current top members Pagad who have pleaded not guilty to charges of murder and public violence.
Although the state has served a second, proper subpoena on Cape Town photographer Benny Gool, it is unlikely he will be called soon because of an
agreement that the prosecution will give him 14 days’ notice before he has to
appear in court.
Gool maintains he would not testify and, if necessary, he will approach the Constitutional Court for protection.