DJ Warras Murder Case: Defence Slams ‘Mysterious’ Video As Bail Battle Heats Up

The defence in the murder case of Warrick “DJ Warras” Stock has cast doubt on the state’s alleged video evidence, accusing prosecutors of relying too heavily on what it described as “mysterious” footage.

Victor Mthethwa Majola’s attorney, Dumisani Mabunda, raised the concerns during Majola’s bail application in the Johannesburg Magistrate’s Court on Thursday.

Stock was fatally shot on 16 December outside a building near the Carlton Centre in Johannesburg’s central business district. Majola was arrested on 22 December and faces a Schedule 6 charge of premeditated murder and conspiracy to commit murder.

Court Urged to Order Viewing of CCTV Footage

Mabunda asked the court to compel the state to present video footage it claims shows Majola with the alleged shooter on the day of the killing.

He said viewing the footage would both strengthen the state’s case and assist the court in fairly assessing the bail application.

“We highlighted the importance of this footage so that it can be brought forward to court to assist with the bail application for the sake of fairness. This court should conduct a judicial evaluation of the various factors in the interest of justice,” said Mabunda.

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“For the sake of justice and fairness, it’s a humble request that the state provide us with the footage. They have always been saying they have footage.”

Mabunda stressed that the investigating officer had initially placed the matter on the roll based on the video evidence.

“We must not lose sight of the fact that the investigating officer came here and the first thing that he said was that they placed the matter on the roll based on the footage they viewed. Therefore, the viewing of this footage is very crucial for the purpose of this bail.”

State Says Defence Must Prove Exceptional Circumstances

The defence maintained that Majola was confident he did not appear in the footage.

“We want the viewing of this footage, confidently so, so that this court is able to make a determination on whether there are lies in this matter or the investigators are being truthful with this evidence,” said Mabunda.

“The footage will also help us prove exceptional circumstances. If the state fails to provide the video footage, it weakens their case. This footage is a mystery. Police have been out in public talking about the footage; everybody knows about it.”

However, state prosecutor Vincent Mochabela argued that the burden lay with the defence to prove exceptional circumstances justifying bail.

“The state is not required to present evidence in rebuttal until the applicant for bail has presented a prima facie case for his release,” said Mochabela.

“The applicant has not established a prima facie case for his release. The state requests that the court refuse the application of the defence.”

Mochabela added that releasing the footage at this stage could compromise the case.

“We don’t want the footage to circulate because it will compromise our case. The footage is not readily available at this stage.”

He also rejected claims that the prosecution was relying only on video evidence.

“We’re not relying on the footage only. We have an eyewitness who made a statement. A formal identification parade was conducted during which the said eyewitness identified this person [Majola],” said Mochabela.

“There is also circumstantial evidence. There are photos of the deceased, particulars and motor vehicles of the deceased which were found inside the phone of the accused.”

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