The alleged rifle EFF leader Julius Malema seemingly fired in front of a cheering crowd in Mdantsane four years ago was not a real gun, and an empty bullet shell picked up after the event and handed to the police, could have been placed there months before the event in question.
This was claimed by Malema's lawyer, advocate Laurence Hodes, in the East London Regional Court on Wednesday, attempting to punch holes in the evidence presented by the State.
Hodes put it to police forensic expert Warrant Officer Philip Berger that the cartridge which formed part of the evidence against his client may have been placed there long before the 28 July 2018 EFF fifth birthday bash at Sisa Dukashe stadium.
Hodes said: "It could have been dropped there six months before without being noticed, it's possible, [it] could have been dropped there a week before. Anything is possible in these circumstances, do you agree with me?"
"Yes, your worship," Berger responded.
Under Hodes' intense cross-examination, Berger also admitted the empty cartridge had a fingerprint on it and that the forensic experts could not ascertain who it belonged to.