Ritual killing application fails

2013-05-20 14:17
Kirsty Theologo (Picture: Sapa)

Kirsty Theologo (Picture: Sapa)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg - Moves to have charges dropped against two of the people accused of killing Kirsty Theologo in an apparent satanic ritual, were dismissed on Monday.

Their lawyers argued in the South Gauteng High Court sitting in the Palm Ridge Magistrate's Court, that the quality of evidence against their clients was suspect.

Judge Geraldine Borchers ruled that the credibility of witnesses was not an issue at this stage of the trial.

"At least 90% of what the witnesses said in court is in their respective statements," she said.

Theologo, 18, and her friend, who was 14-years-old at the time, were tied up, doused with petrol, and set alight on a hill in Linmeyer, south of Johannesburg, on 21 October 2011.

Theologo died in hospital, but her friend survived.

Jeremy King and Lester Moody confessed to the crime and were both sentenced to 17 years in jail, five of which were suspended.

Quality of evidence

Four other accused - Harvey Isha, Robin Harwood, Lindon Wagner, and Courtney Daniels - have pleaded not guilty to charges of murder, attempted murder, and assault with intent to cause grievous bodily harm.

Chris Pillay, for Isha, told the court evidence by State witnesses King and Moody against his client was "of poor quality" and, therefore, charges against his client should be dismissed.

Both King and Moody were unreliable witnesses and lacked credibility, he said.

Dismissing Pillay's application, Borchers said: "Only when the court is convinced that the evidence is so poor, can it decide on that, but not at this stage."

Application dismissed

Gail Sidwell, for Harwood, also applied for charges against her client to be dismissed.

She said common purpose on Harwood had not been established and there was no chance her client would be convicted in the end.

"Harwood's presence at the crime does not indicate participation," she said.

Prosecutor Carina Coetzee argued that all four accused were present and knew that Theologo was going to be "sacrificed", for at least two and a half hours before Theologo arrived.

Borchers dismissed Sidwell's application as well.

Isha is expected to testify next at the trial, which continues.

Read more on:    geraldine borchers  |  kirsty theologo  |  lindon wagner  |  robin harwood  |  johannesburg

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24

Competition regulation for a growing and inclusive economy

ADVERTORIAL: The Competition Commission of South Africa is conducting advocacy work in the South African automotive aftermarket industry and has gazetted a Draft Code of Conduct for public comment.


How to open a beer bottle without an opener

Do the right thing and never be thirsty again…


You won't want to miss...

WATCH: Man films himself going down water slide upside down as things go very wrong…
WATCH: Conor McGregor: Notorious the trailer
Best date night restaurants in South Africa
WATCH: Ryan Reynolds offers fans a free tattoo in new Deadpool 2 teaser
Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.