Heckmair murder case enters 12th year
The next court appearance of Marcus Thomas and Kevan Townsend, the two men on trial for the murder of André Heckmair, will only take place after the 12-year anniversary of Heckmair's murder.
Following the conclusion of testimony during the trial last week, it will only resume in March next year with the continuing cross-examination of Chief Inspector Felix Ndikoma. Heckmair was murdered on 7 January 2011.
During the last two days of the trial, Ndikoma amended previous testimony he had made in court.
He originally testified that Townsend's cell phone records proved he was in the vicinity of the murder scene at the time of the murder.
He explained, however, that this was not true. "When I said that, I believed it was true, but it was not true," he testified.
Procedures questioned
Townsend's legal representative, Mbanga Siyomuinji, however, also questioned Ndikoma about the procedures that were followed when the two accused were detained and in conversations he had with them.
According to Siyomuinji, the men were illegally arrested given that items that the police were apparently looking for were not found in the accused's guest house room.
"About ten police officers descended on the room and found none of the items they were looking for. [Inspector Joseph] Ndokosho testified that the police could not place the accused at the scene at that stage," he said to Ndikoma.
Ndikoma replied that, according to him, the police had reason to suspect the men. "There was nothing at the scene that could connect the accused to the murder, but there were numerous factors in the case that connected them to the murder," he testified.
Looking back
Siyomuinji put it before the court that the accused did not appear before a court within 48 hours, as prescribed by law, on a charge of illegal possession of drugs.
Ndikoma testified that the men were detained on the charge of drug possession until a case of murder was officially opened and a case number on which the men could be detained was available.
However, Judge Christie Liebenberg rejected Siyomuinji's argument on the grounds that it was not related to the charge of murder for which the men are on trial.
Liebenberg argued that this case should be treated as a civil complaint.
Following the conclusion of testimony during the trial last week, it will only resume in March next year with the continuing cross-examination of Chief Inspector Felix Ndikoma. Heckmair was murdered on 7 January 2011.
During the last two days of the trial, Ndikoma amended previous testimony he had made in court.
He originally testified that Townsend's cell phone records proved he was in the vicinity of the murder scene at the time of the murder.
He explained, however, that this was not true. "When I said that, I believed it was true, but it was not true," he testified.
Procedures questioned
Townsend's legal representative, Mbanga Siyomuinji, however, also questioned Ndikoma about the procedures that were followed when the two accused were detained and in conversations he had with them.
According to Siyomuinji, the men were illegally arrested given that items that the police were apparently looking for were not found in the accused's guest house room.
"About ten police officers descended on the room and found none of the items they were looking for. [Inspector Joseph] Ndokosho testified that the police could not place the accused at the scene at that stage," he said to Ndikoma.
Ndikoma replied that, according to him, the police had reason to suspect the men. "There was nothing at the scene that could connect the accused to the murder, but there were numerous factors in the case that connected them to the murder," he testified.
Looking back
Siyomuinji put it before the court that the accused did not appear before a court within 48 hours, as prescribed by law, on a charge of illegal possession of drugs.
Ndikoma testified that the men were detained on the charge of drug possession until a case of murder was officially opened and a case number on which the men could be detained was available.
However, Judge Christie Liebenberg rejected Siyomuinji's argument on the grounds that it was not related to the charge of murder for which the men are on trial.
Liebenberg argued that this case should be treated as a civil complaint.
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