Defence challenges cellphone data evidence in Phala Phala theft trial.

By Lehlohonolo Lehana.

The defence team in the high-profile Phala Phala farm theft trial has challenged the state’s cellphone data evidence, questioning its accuracy and reliability during cross-examination at the Modimolle Regional Court in Limpopo. 

The State argues the accused broke into the wrong property before executing the Phala Phala robbery later that evening, where the money was stolen from a couch in which it had been hidden.

The court heard from two other witnesses, whom the court ruled also cannot be named. They are said to have transported the three suspects on trial for the robbery at the farm: the alleged mastermind, Imanuwela David, and siblings Floriana and Ndilinasho Joseph.

Floriana Joseph was employed as a temporary cleaner at the Phala Phala farm at the time of the robbery.

During the proceedings, Advocate Relleng Masipa representing second and third (Joseph siblings, Froliana and Ndilinasho) grilled the cellphone data analyst on methods used to link phone numbers to the suspects, highlighting inconsistencies that could undermine the prosecution’s case.

“Even through Google search, you could pick that residential area, the reliance there of it, I believe when we deal with the towers, the cellphone towers, the time that these towers were activated in the residential area you will agree that anyone staying in that residential area will then activate the cellphone tower that is around Phala Phala because you are next to each other,” he argued.

The court heard that the accused and other people made numerous cellphone calls to each other.

With the trial adjourned until tomorrow, this development adds tension to a matter that has gripped South Africa since the 2020 theft of $580,000 from President Cyril Ramaphosa’s game farm, leaving the accused facing serious charges and the public eager for justice.

The state has called 22 witnesses and presented evidence including cellphone records and mapping data to place the accused at the scene. A cellphone data analyst testified on communications and locations around the time of the theft, associating numbers with the suspects through technical methods like tower pings and call logs.

The case has seen numerous postponements since 2022, due to health issues for the accused, legal arguments over evidence, and scheduling conflicts. In recent sessions, the state called a witness who changed his testimony, leading to him being declared hostile.

The defence opposed applications to treat him as such, but the court allowed it, highlighting tensions in the courtroom.

The theft thrust Ramaphosa into controversy when Arthur Fraser’s 2022 accused him of covering up the incident and breaching tax and exchange control laws.

Ramaphosa admitted the money was stolen but said he relied on his security team to handle it discreetly to catch the thieves. This led to a parliamentary impeachment inquiry, a Public Protector investigation, and a South African Revenue Service probe, all of which cleared him in 2023.

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