News / Local
Sikhala video was doctored claims lawyers
30 Apr 2023 at 03:59hrs | Views
A video used to charge Citizens Coalition for Change (CCC) politician Job Sikhala for allegedly inciting violence was doctored, his lawyers say.
Sikhala was arrested in June last year for allegedly inciting public violence at the funeral wake of slain CCC activist Moreblessing Ali.
He faces separate charges of obstructing the course of justice and disorderly conduct.
According to his lawyer Alec Muchadehama, the video used by prosecutors to build a case against the Zengeza West legislator was edited before being posted on YouTube.
"lt is common cause that video evidence is prone to manipulation," his lawyer said in closing submissions last week.
"This is why our law has developed specific safeguards relating to the production of such evidence."
Sikhala has been denied bail countless times, with prosecutors saying he was a repeat offender.
He denies charges of inciting violence, but prosecutors insist the video incriminated him.
"The second state witness unwittingly conceded that he manipulated or altered the video at the time of downloading," Muchadehama said.
"He specifically told the court that at the time of downloading the video, he was given the option of choosing the download quality of the video and he chose "360" as the quality of the video he downloaded.
"Choosing "360" as the quality of the video download clearly reveals that he altered the quality of the video on YouTube as he downloaded it onto the exhibits tendered before the court.
"The video expert who was called by the defense pointed out that the video went through a process of editing before being uploaded on YouTube.
"He pointed to the watermark "DeeMabs" inscribed across the video as evidence of editing."
His lawyers argued that prosecutors had failed to prove that the video was original.
"The onus to establish that the video in question is evidence upon which the court can safely rely lies with the state.
"It has not proved that the video was not manipulated in any way."
Last week, a Harare magistrate postponed judgment on Sikhala where he faces a separate charge of incitement to violence.
Magistrate Marehwanazvo Gofa moved the ruling to May 3 saying she received submissions late.
The case emanates from claims by Sikhala that Zanu-PF was linked to Ali's murder.
Sikhala was arrested in June last year for allegedly inciting public violence at the funeral wake of slain CCC activist Moreblessing Ali.
He faces separate charges of obstructing the course of justice and disorderly conduct.
According to his lawyer Alec Muchadehama, the video used by prosecutors to build a case against the Zengeza West legislator was edited before being posted on YouTube.
"lt is common cause that video evidence is prone to manipulation," his lawyer said in closing submissions last week.
"This is why our law has developed specific safeguards relating to the production of such evidence."
Sikhala has been denied bail countless times, with prosecutors saying he was a repeat offender.
He denies charges of inciting violence, but prosecutors insist the video incriminated him.
"The second state witness unwittingly conceded that he manipulated or altered the video at the time of downloading," Muchadehama said.
"Choosing "360" as the quality of the video download clearly reveals that he altered the quality of the video on YouTube as he downloaded it onto the exhibits tendered before the court.
"The video expert who was called by the defense pointed out that the video went through a process of editing before being uploaded on YouTube.
"He pointed to the watermark "DeeMabs" inscribed across the video as evidence of editing."
His lawyers argued that prosecutors had failed to prove that the video was original.
"The onus to establish that the video in question is evidence upon which the court can safely rely lies with the state.
"It has not proved that the video was not manipulated in any way."
Last week, a Harare magistrate postponed judgment on Sikhala where he faces a separate charge of incitement to violence.
Magistrate Marehwanazvo Gofa moved the ruling to May 3 saying she received submissions late.
The case emanates from claims by Sikhala that Zanu-PF was linked to Ali's murder.
Source - The Standard
