News24

Cop thought mortuary should collect 'semen'

2012-01-30 17:05

Ventersdorp - Procedures in the arrest and processing of a youth accused of the murder of rightwing leader Eugene Terre’Blanche came under scrutiny on Monday.

The young man's dignity was not respected after his arrest, suggested Zola Majavu, for the minor, in the High Court sitting in Ventersdorp.

"You violated my client's right to dignity and privacy," he said.

Majavu was cross-examining Captain Albertus Joubert, who works at the criminal record centre and processed the murder scene.

Chris Mahlangu and the teenager are accused of beating and hacking the AWB leader to death in his farmhouse in the North West on Easter Saturday, April 2010. Terre’Blanche was 69.

Both accused have pleaded not guilty to murder, housebreaking, and robbery with aggravating circumstances. Mahlangu claims he acted in self defence. The teenager has denied involvement in the crime.

On Monday, Majavu said the youth was stripped down to his underpants, in full view of other officers, when his fingerprints were taken the day after the murder.

Majavu said everyone had a Constitutional right to dignity.

Mortuary

Joubert replied that if there was any possible evidence on the clothes, they had to be collected.

"This has nothing to do with collecting evidence, but how it was collected," Majavu retorted.

He said the way his client was treated was in direct violation of the Child Justice Act.

Joubert was asked why fluid resembling semen found on Terre’Blanche’s genitals was not preserved, and why a sample was not taken.

Joubert confirmed he did not take steps to preserve the fluid because he understood it was the mortuary's job.

However, he said the fluid was still visible in pictures taken at the mortuary.

Pathologist Ruweida Moorad testified last year that she could find no trace of the substance.

Majavu said: "You deliberately refrained from preserving the evidence."

Joubert denied this, maintaining the fluid should have been collected by the mortuary.

Joubert was also asked if he knew a guardian had to be present after a minor was arrested.

Majavu said samples taken without a guardian being present violated the youth’s rights.

However, Eileen du Preez of the prosecuting team said the Child Justice Act did not provide for a guardian to be present during the extraction of samples.

Joubert said DNA would have been lost if the boy had washed or used his hands.


Comments
  • Stan - 2012-01-30 17:08

    "Cop though mortuary should collect 'semen'" THOUGHT perhaps? The editorial standard at News24 is dwindling since I left the company. Shame.

      Sean - 2012-01-30 18:48

      What`s Majavu trying or hasn`t he got anything to defend his client with ?

      Hugh - 2012-01-30 20:12

      What I cannot understand is how this Semen was determined. Unless I have sperm with a low flash point mine dries up pretty quickly and is clear within at least five minutes. One the other hand having seen quite a few dead terrs in the forces I know that everyone peed himself on expiry. Now depending of the day or morning the crotch area was pretty wet. Maybe the reality is being twisted just to discredit.

  • michael.liebenberg - 2012-01-30 17:13

    News24 should really invest in MS Office. It comes with spell check AND grammar check. Pathetic if you ask me. This coming from a multi billion rand company

      Dirk - 2012-01-30 17:36

      Otherwise, simply ignore AA and appoint on merit

  • JakesLR - 2012-01-30 17:15

    "You violated my client's right to dignity and privacy," he said.- What dignity does this person have murdering someone in this manner? Is this a joke??The murderer should have been locked up for life long time ago, with no rights and dignity. As a matter of fact, this person should have been given the death penalty long time ago if it could be!! This case been dragging too long now.Lock these murderers up for life and get them out of society thank you!!

  • Cracker - 2012-01-30 17:20

    The issue for decision is the guilt or otherwise of the accused. The rest like dignity is rubbish. That can be dealt with in another forum. The accused were not tortured or subjected to undue pressure to incriminate themselves. What's the problem? Where do some of these current day lawyers get their qualifications and training from?

      Deon - 2012-01-30 20:33

      Cracker - the qualifications question can probably keep us busy for about three weeks as a stand alone subject all on its own.

  • Jeanne - 2012-01-30 17:24

    If I did my job as badly as N24 reporters I'd be fired... Just a thoughT....

  • Thoka - 2012-01-30 17:27

    thought perhaps eish maybe, not my job!!!!!! keep notes from the collage take them to every crime scene. retard isilima

      lindz.kok - 2012-01-30 17:35

      it is the duty of the morg as the oficers on scene could contaminate dna evidence, but hey this is africa (bacwards!)

      lindz.kok - 2012-01-30 17:42

      sory my mistake someone with foresic background must be present at the crime scene to collect dna evidence

  • ivan.coetzee2 - 2012-01-30 17:30

    Mr. Majavu, lets cut to the chase and just hang the buggers and forget your legal/courtroom theatrics please

  • Shirley - 2012-01-30 17:36

    Did your client respect the victims dignity whilst he was murdering him!??? Stop trying to detract from the REAL reason your "client" is there! One cant blame the police-look who they have had as examples,Cwle and Selebi!

  • lindz.kok - 2012-01-30 17:37

    yes the poor little victem could rape and murder and then be treated with respect... bloody idiot

      Whitty - 2012-01-30 18:18

      You stop calling clever people idiots,you moron. Clearly you did not take the advantage that your uncle fervurd kicked for you. The murderer that you are so up for, he might have done better than you if not the same. ANC offers night schools for mentally wounded like yourself. NOW get back to school you are irritating us.

      Alfred - 2012-01-30 18:31

      "uncle fervurd"? Is he related to Uncle Fester? "ANC offers night schools for mentally wounded like yourself" Well Whitty, the only "mentally wounded" individual in this case is ET, because your little hero put a panga through his head. But like a good little gimp you'll support him because that's what blindly loyal bigots like yourself do. And when enough of you support a murderer they become chief of police, or even president. Do you sleep well at night Whitty? Or do your ancestors haunt the living bloody daylights out of you like they should?

  • bafana.skosana - 2012-01-30 17:39

    The bible says if you use an axe to kill people, you will also die with an axe, let the boys go home please.

      Alfred - 2012-01-30 18:43

      When did ET use an axe on anyone and who did he kill?

  • Tshivhombela Fhatuwani - 2012-01-30 17:43

    Murder is murder, whether it happened as a self-defence or because someone owes you will be proven in court. It feels bad when someone cannot perfom his/her duties properly is still working without any disciplinary procedures. Issues of evidence and investigation deserve the highest degree of accuracy.

  • Julian - 2012-01-30 17:50

    Ag for F sakes Training , Training, Training and stick to your SOP's (standard operating procedures) no matter who the victim of crime is

  • Jason - 2012-01-30 18:10

    What rights should any person who commits such a crime have, I dont understand how this is relevant to the case, ffs they even bragged to their follow buddies about what they had done, now they are pleading not guilty!

      Linda Vilakazi - 2012-01-30 19:52

      They are innocent until proven otherwise and cops should know it. Those found to have abused them should face the full might of the law

  • an0nthinker - 2012-01-30 18:28

    I can't see this justice being served correctly. Theoretically almost all involved from criminals to police to maybe even judges can't do justice. Eugene was a racist killer. Anybody trying to do justice on his behalf could be seem as a "sympathiser". Afer all, we still live in a country where often when we do something someone else doesn't like, we get told we do it becasue we are racist. Both ways. Its an easy card to play.

      Albert - 2012-01-31 15:25

      Who did ET kill?.idiot.

  • joeballito - 2012-01-30 18:46

    Something weird is eminating from this trail,my neckhairs are raising.... This sequence of events would not have emerged if Terreblanche did not have his background.I think there are higher powers at work here.This needs to be exposed if possible.

  • Peter - 2012-01-30 18:49

    Why should such a revolting creature have rights, just because he's a "minor". Sies, this whole case is sick - Terreblanche's part in it as well.

  • Vegi - 2012-01-30 18:53

    Dirk The appalling grammar and spelling at News24 has nothing to do with AA. Just look at the commentators in this forum, especially the rabid rightwing brigade. Their grammar and spelling is atrocious by any standard. This is inexcusable because this is their language. How on earth can you possible massacre your own language. This shows lack of self respect and general disregard for acceptable conduct. English is not my language, so my mistakes and knowledge deficiencies concerning this foreign language can be excused.

      Nurse - 2012-01-30 19:11

      You are NOT black. English is very much your first language. You are what they call a TROLL.

      Vegi - 2012-01-30 19:31

      Nurse I am as black anyone can be. Only black blood runs through my veins as there is no history of any of my ancestor having been from another race. However, I take care to ensure that if I do something, I do it by the book. Because of that pholosophy, when I speak my mother tongue, I make sure that what comes out of my mouth is of the highest purity standard. I adopt no such sentiment towards the despicable foreign language I am forced to use in this forum. If such a person is a troll them I am proud to be one.

      Scouter - 2012-01-30 19:47

      Perhaps you might like to translate your reply to Nurse into your mother tongue in short time to prove your point and let us judge which of the two is in fact your mother tongue. Clock running Vegi.

      Vegi - 2012-01-30 20:13

      Nurse Ndimnyama njengaye nabani an omnyama. Alikho elinye igazi elisemithanyeni yam ngaphadle kwegazi elimnyama, kuba zange ndake ndeva kusithiwa kutho namnye kwizinyanya zam owayengowolunye uhlanga. Qha xa ndisenza into ndiyaqinisekisa ukuba ndiyenza ngohlobo olululo. Ngenxa yalonto, xa ndithetha ulwimi lwam, ndiyaqinisekisa ukuba into ephuma emlonyeni kum isulungekile yaye yintetho esemgangathweni engenaso nesiphene. Andinalo uxanduva lokuqinisekisa ukuba ndithetha intetho esulungekileyo xa ndithetha ulwimi lwasemzini. @ Scouter Unfortunately I don't know what a troll is in my language as well as in English, so I am unable to translate the sentence talking about a troll. I am also surprised that you think that English is my language even with the errors apparent in my reply to Nurse. However, you are free to believe what you choose to believe, it still does not change the reality.

      Vegi - 2012-01-30 20:20

      "na" "emithanjeni"

      Scouter - 2012-01-30 20:31

      I wasn't particularly interestd in you providing a translation(or getting someone else to on your behalf)to be honest. I just perceived an opportunity to waste your time - pretty much what you are about on this forum through the drivel you endlessly spout.

  • Vegi - 2012-01-30 19:02

    The killing of Eugene Terreblanche was particularly galling for me for two reasons. The first reason is because I do not believe that people should resort to killing those who offend them, except if in imminent danger. The second reason is because I wanted Terreblanche to live to the ripe old age and see us dismantle one by one all that he believed. I wanted him to be present when our people finally get all their land, including Mr Terreblanche's farm.

      Judith - 2012-01-30 19:58

      Once you have EVERYTHING for NOTHING, there is NOTHING left anymore to put your hands on - then what??? ENTROPY.......perhaps he would have lived until that day......

      Vegi - 2012-01-30 20:27

      Judith So you mean once you got our ancestral lands for nothing, you had nothing to put your hands on. I fail to see the logic of your statement.

      Cracker - 2012-01-30 21:11

      @ Vegi In whose names will that land be registered once it has been "recovered"? Surely not a free for all. We will still have to be fed. Once the food chain and the many hundreds of thousands of jobs (actually MILLIONS of jobs) and the rest of the economy goes down the drain, watch the REAL revenge take over. If that is what you wish for - and I think it is - then we will have to agree that your throat will have to go before that of the millions of other South Africans. Harsh words, but that is exactly as it will play out. We do of course assume that your identity will no longer be a secret when famine hits the country. You also realize that the run-walk-across-the-border syndrome so typical of the Zimbabweans will not be available to us.

      Scebberish - 2012-01-31 12:29

      I agree ancestral land should be returned to its rightful owners! Unfortunately it is NOT your ancestral land, you did not arrive here very much before the settlers. It is Bushman and Hottentot land! Remember them? The people the Bantu annihilated in mass genocideBEFORE we got here!

  • Bert - 2012-01-30 19:13

    come on...................

      moziz - 2012-01-30 20:36

      Haha,u blame the poor cop, ET's semen nogal!!

  • Cracker - 2012-01-30 21:16

    @ Vegi Lekker quiet all of of a sudden, neh? I notice from some of your other postings here that you are a real brag gat.

  • Scebberish - 2012-01-31 12:23

    You deny any one else their human rights, you thereby decline the concept of human rights, therefore you are not entitled to any of your own. Let Asia teach you how it should be done. (South Africa under Sharia law, now there is a thought to boggle the mind)

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