The applicant, one of three co-accused charged with murder, brought a pre-trial application to exclude a video recovered from his cellphone.
The video depicted the applicant holding a firearm with a caption containing rap lyrics referencing a shot to the head, which mirrored the victim's cause of death.
The applicant argued the video was irrelevant and its prejudicial effect outweighed its probative value.
The court dismissed the application, finding the video was sufficiently proximate in time to the murder and admissible as a party admission, subject to limiting instructions to the jury regarding out-of-court statements and unconscious racial bias.
