Breaking news:-Malema In another court trouble
Malema is facing five years behind bars after he was found guilty of discharging an assault rifle at the 2018 EFF anniversary celebrations in Mdantsane.
In April the Kugompo Regional Court granted him leave to appeal the sentence, but refused leave to appeal against the convictions.
Malema’s continued political career is now in the hands of the court.
In July 2018 Malema was seen in a video discharging an assault rifle. He was charged with five firearm charges.
Malema was convicted on five counts. He denied the charges saying the rifle was a toy gun, filled with blanks and no one was really in danger.
However, the Kugompo Regional court did not buy his explanation and found him guilty on all charges.
Malema accused Magistrate Twanet Olivier who sentenced him, of being racist.
The EFF leader is desperate to have the unlawful possession of a firearm charge reversed as this will see him do a direct five year prison sentence without the option of a fine.
He contends that the state failed to present direct evidence linking him to the firearm or ammunition.
Adding, no witness testified to having seen him fire a weapon and that no fingerprint or DNA evidence connected him to either the firearm or the spent cartridge relied upon by the prosecution.
The EFF Leader is also challenging the authenticity of the video evidence used during the trial, saying it was not properly handled.
He further submits that the court misdirected itself in its interpretation of possession under the firearms control act and placed undue reliance on the evidence of state witnesses while rejecting his version of events.
However, the state, in opposing Malema’s application for leave to appeal, argues that he has no reasonable prospects of success and that the trial court’s findings were supported by the evidence.
Prosecutors contend that the video, ballistic and expert evidence, taken together, established Malema’s guilt beyond a reasonable doubt.
Malema is out on warning.
