Defence asks for discharge in Peter trial

The State has argued that “sufficient evidence” has been presented to convict the accused.

Peter, her husband Isaac Mbadu, and two others, Azola Dayimani and Christopher Dina, are accused of kidnapping and murdering Du Preez in October 2012.

Du Preez died about 20 hours after being necklaced.

State witnesses have testified that when Du Preez was found by police officers he stated his full name, address, and told how he was kidnapped and assaulted by Peter and Mbadu.

The defence called witnesses to dismiss the State’s claims.

Last week, Judge Robert Henney ruled in a trial-within-a-trial that the words spoken by Du Preez would be admitted into evidence.

Defence advocates William King and Mduduzi Ndlovu each brought an application for discharge in terms of section 174 of the Criminal Procedures Act.

Yesterday, King argued that it would be in the interests of justice to acquit the accused.

“The evidence presented by the State does not call for more time to be wasted on the matter. It is so unlikely that the accused can be convicted and it would be in the interests of justice to acquit the accused in terms of section 174 of the Act. There is no evidence on which a reasonable person might convict the accused,” he said.

King pointed out that there were irregularities in to the State’s evidence.

“It was never proven beyond a reasonable doubt that the ‘hulle’ referred to in Rowan’s hearsay evidence is referring to Angy and her husband. We are stuck with a set of facts that doesn’t agree with the State’s case. That is why the play on words was crucial in this case,” he said.

King said it was clear that police records had been tampered with as conflicting statements had been made by police on the night Du Preez was found.

“We are not dealing with police inefficiency. We are dealing with direct evidence that points to something strange,” he said.

During proceedings, Judge Henney reprimanded Azola Dayimani who was sleeping during King’s argument.

“You have to give your full attention in court. You must be aware of what is going on. It’s also very disrespectful to sleep in court. This won’t be excused again,” Henney warned.

Dayimani was ordered to stand until King had completed.

Advocate Mduduzi Ndlovu, for Dayimani and Dina, told the court it was strange that Du Preez had not mentioned his clients when describing his assault to police.

He said that Du Preez had known Dina and that Dayimani was known as the driver for Social Justice Coalition members.

“The million dollar question is: why would Rowan not mention them to police or give a description of them, if they were involved?” Ndlovu asked.

Ndlovu also questioned the credibility of the State’s witnesses who had testified that they saw the accused assault Du Preez.

“One witness identified Dayimani by his belly and Dina by his height. Are there no other people in Mfuleni with the same descriptions? There is also a difference in where they saw the attack. The state has failed to link the accused,” he said.

State prosecutor Phistus Pelesa said there was sufficient evidence to convict all the accused.

“There is more than enough evidence. It’s only required that there be sufficient evidence and we have gone over and above that,” he said.

Henney is expected to make a ruling on the application for discharge on Wednesday, 18 June.