Anene murder-accused ready for trial

2013-09-06 13:03
Johannes Kana and former co-accused Jonathan Davids (File, Sapa)

Johannes Kana and former co-accused Jonathan Davids (File, Sapa)

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Cape Town - A man accused of raping and killing 17-year-old Anene Booysen is ready to go on trial next month, Western Cape High Court Judge President John Hlophe said on Friday.

Johannes Kana, 21, appeared before Hlophe on Friday morning for his pre-trial conference, wearing a tracksuit and tucking his arms behind him in the crowded dock.

The State's Maria Marshall said she had provided Kana's lawyer Pieter du Toit with further particulars and would deliver the last statements to him by next Wednesday.

She had also drafted a set of admissions for the defence to consider.

Should the defence make certain admissions, the trial was likely to be shortened because fewer witnesses would have to be called.


The trial would start in the Swellendam Circuit Court on 7 October. It was set down for four weeks and 52 witnesses were on the list.

Du Toit said there was a possibility of two trials-within-a-trial, related to a statement Kana made and a videotape of Kana pointing out scenes to police.

"I've not yet seen the video. Regarding the confession, there won't be a trial-within-a-trial. With the pointing out and further statement solicited from my client, there will be a trial-within-a-trial," he said.

Hlophe asked how it was possible for the defence to know for certain there would be objections without having seen the video.

"Don't you think you should first view the video before you make up your mind?" the judge asked.

Du Toit replied that he had given the court his preliminary position and could change his mind after viewing the tape.

Kana would remain in custody until his next appearance.

The State alleges Kana raped Booysen with his penis or with another object not known to the State, between 1 and 2 February this year, near Kleinbegin, Bredasdorp.

Charges dropped against co-accused

It alleges that Kana then used his hand or another object to disembowel her, which resulted in her death at Tygerberg Hospital on Saturday, 2 February.

In May, the State dropped charges against Kana's co-accused, 22-year-old Jonathan Davids. At the time, Western Cape National Prosecuting Authority spokesperson Eric Ntabazalila said an investigation had revealed there was insufficient evidence to secure a conviction.

Before she died, Booysen said from her hospital bed that five or six men were involved in the attack.

She named "Zwai", which was both the nickname of Davids and another man said to live in Zwelitsha.

Davids and Kana confirmed they were at the same pub as Booysen that night.
Read more on:    anene booysen  |  cape town

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