Phone records 'disprove murder'
2004-12-01 21:03
Pretoria - Cellphone records of the youths accused in the Waterkloof murder trial, show it would have been impossible for them to assault a man, wait for their friends, and meet at the park where the alleged murder took place, as state witnesses had earlier testified.
This was stated by defence advocate Jaap Cilliers in the Pretoria regional court on Wednesday.
He told investigating officer Vincent Harris, that the state's cellphone expert testified that the boys left the Hatfield area about 02:43 on December 2 2001, as the records showed a call was made via the Hillcrest tower.
The second call was at 02:57 in Moreletta Park, while Becker made a third call to his friends on 02:59 to tell them about an alleged burglar in a park.
Information from State witnesses
Cilliers said there were 16 minutes between the first two calls. "Inbetween you allege the accused assaulted a man, waited for their friends, and then went to the park. That is impossible."
Harris agreed that it seemed highly unlikely, but he added that it depended on the traffic at that time of the morning and the speed at which the accused were driving.
Harris earlier testified that he and Captain Evans, received information from State witnesses about an alleged assault on a man in Constantia Park.
They were also told about the alleged murder of another man in a park in Moreletta Park that had happened in December 2001.
It was in September 2002 that they started their investigation into these allegations, but it was only a month later when they found their first link.
In the occurrence book of the Flying Squad's radio control unit, 10111, the duty officer wrote about a body that was found in that park on December 3 2001.
It stated that the black man's body had injuries, but it was unclear whether they had been caused by a firearm or a knife.
Accused all out on bail
Harris established that the docket regarding this body had already been sent for an inquest.
He could not find similar cases that could have happened in that same time. "This was the only incident and fitted with the descriptions given by the witnesses," he testified.
He also showed the witnesses a picture of the body. Harris said they identified it as the man that had allegedly been attacked by the accused.
Although the witnesses, former friends of the accused, did not make statements on that, Harris said he wrote a statement to say the boys had identified the body.
At the conclusion of Harris's evidence, magistrate Len Kotze asked him if he was sure they had found the right body, as there were differences between the state witnesses' descriptions and those of the state pathologist.
Harris replied that he was sure.
Christoff Becker, Gert van Schalkwyk, Frikkie du Preez and Reinach Tiedt, all aged 18, earlier pleaded not guilty to a charge of assault with the intent to do grievous bodily harm and a charge of murdering an unknown man.
They are all out on bail.
- SAPA