(Case study is based on South Africa & the laws within South AFrica)

The accused is charged with murder. The state's principal witness stands to testify that she had seen the accused shoot the deceased and that she had also seen something fall from the accused's pocket during the shooting. She will also testify that she returned to the scene after the accused had left and had retrieved the object and discovered that it was a cellphone. She will testify that she gave the phone to a member of the gang to which her partner belonged. The phone was eventually handed over to the police. Data retrieved from the phone contain images that could be used in the prosecution of the accused in that they could prove that the phone belonged to the accused. At the trial the defence objects to the admissibility of this evidence on several grounds and claims that the accused had lost his phone the day before the shooting and that the phone before court was not his. Fully discuss the following issues with reference to cases and legislation where applicable:

1. Would you agree with the prosecution that the evidence is real evidence and that there are no special requirements for admissibility?