ET trial: Victory for accused minor

2012-02-08 13:49

Ventersdorp - Some evidence gathered from a minor accused of killing rightwing leader Eugene Terre'Blanche was ruled on Wednesday as inadmissible in his trial.

Information obtained from the boy's co-accused Chris Mahlangu shortly after the crime was, however, admissible, Judge John Horn found in the High Court sitting in Ventersdorp.

The evidence excluded related to the minor's pointing out of the crime scene after the murder and a statement he made in this regard.

On the information given by Mahlangu, the judge said: "The pointing out by [Mahlangu] and the statement from the pointing out for accused one [Mahlangu] are admitted as evidence."

Mahlangu and the minor are charged with beating Terre'Blanche to death in his farmhouse outside Ventersdorp in North West in April 2010.

Both 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.

The defence claimed that information gathered from the pair shortly after the crime was inadmissible, prompting a trial within a trial on the validity of the evidence.

The main trial resumes on Thursday morning.

The matter was not argued before the court on Tuesday because defence lawyer Kgomotso Tlouane was ill. Instead, the legal teams for the accused and the State exchanged written heads of argument.

  • Tammy - 2012-02-08 13:57

    and so their short walk to freedom starts - what a joke

  • bernpm - 2012-02-08 14:01

    Now we have been made to believe that the older chap did kill ET and all the other things to make ET look as he did while the junior chap stood watching (or not) with his hands in his pockets. Pull the other one!

      Gary - 2012-02-08 16:16

      The trial started early 2011, the weapon used was a heavy object that according to the defends council, the juniour won't even lift to use it against ET.......

  • David - 2012-02-08 14:10

    This is a load of rubbish. Surely if he was able to point out certain details of the crime scene no matter how his admission was obtained it should still be admissible?

      Thabiso - 2012-02-08 15:06

      Thats the law for you David, designed especially to get people scot free on technicalities. "Its not what you know, but what you can prove in court" - that's a line from Law abiding citizen. Its not knowing that he gave a statement but how he gave the statement.

      Pegasusza - 2012-02-08 17:43

      Nope in terms of the law any admission, confession, pointing out that tantamount to an admission or confession must be made freely and voluntary... being a minor you also are entitled to be assisted by a gaurdian or attorney.. if the state failed to comply with the requirements the court may rule the evidence inadmisable on that grounds.. the court is bound by the constitution and child justice act and criminal procedure act..

      Debbi - 2012-02-08 23:25

      Our cops are too lazy to work so beat the cr@@ out of the suspects and then they get off free. Who's helping who???? New SA

      edward.d.beesley - 2012-02-09 10:35

      Agree with you 100%, Thabiso. In my opinion, the law, as applied today, is an ass. The fact that families of the murdered and victims of serious crime have to be perpetually vigilant to the possible parole and release of perpetrators is merely a small example of this assness.

  • Aaron Nkosi - 2012-02-08 14:10

    Lets wait fot Thursday, no one must be ill please... this must be resolved and get done with it

  • Bigwolf - 2012-02-08 14:15

    I have now faith in or legal systems anymore, if you hurt me or my family use force, an eye for an eye then use the courts to get of Scott free. As if you don’t look after yourself who will? This is very tragic and the beginning of the end for our already crumbling society.

      Scebberish - 2012-02-08 17:10

      The beginning of the end was 20 years ago!

  • Sechaba - 2012-02-08 14:16

    for hoew long will this minor be a minor maar?????

      Myvision - 2012-02-08 14:24

      For the duration of the trial

      Gary - 2012-02-08 16:22

      He is a minor till he is 18. mind you the is commited and that is going to stay like that till the trial concludes he is no longer a minor! evn if the could prove that he is guilty, he does not have criminal capacity.

  • Koos - 2012-02-08 14:26

    i will awake the spirits to go and haunt them... there supporters untill their ears and noses fall off so that the world will see what happens to lying killers!!! hola tokkelossie!!!!! gaan vat hulle almal!!!!

  • Comrade - 2012-02-08 14:29

    A murderer - Liar - Thief - Savage is still a murderer - Liar - Thief - Savage

  • JayJohnsonS - 2012-02-08 15:10

    This is an iside JOB. inside AWB. all of the Sudden Visagie quit after being hit by guilt. eits is nie lekker hierso. "gonkga masepa hier".

  • Chris - 2012-02-08 15:14

    Why don`t they do with him what they did to the Waterkloof guys, suspend the hearing till he is not a minor anymore, then he can go to jail for a couple of years, write a book, become a martar and become president of South Africa

      Gary - 2012-02-08 16:28

      In South Africa, the arrested person has rights and justice cannat be delayed. Unless he something happens to that can cause him not to be able to appear in court then the case can be delayed and he will be able to answer before the court of law.

  • Vince.York - 2012-02-08 19:49

    ET trial sells newspapers as well as that younger paranoid schizoid facing innumerable heinous crimes - about the only thing missing here today is gore, dripping blood and visuals of the scene, rape or worse to attract more attention! BOTH were there, and the terrible deed of brutal murder was done! orchestrated by political influences from within or without "or both", of our borders.

  • Bianca-Anne - 2012-02-08 20:06

    My Political views is radical different from the late Mr. TerreBlanche and in the last years I hardly had any respect for him ... but the pain and suffering he had to suffer during his last hours is not justifable and I believe those two should be hanged. The minor had no excuss for his actions and what the Police has done with incompentency will now be laid infront of the ANC, that is going to be a political issue which should not. Those two should spend the rest of their lives in jail and those officials messing up, should be dismissed immediately from the Police force and charge for being accomplishes after the fact cause their negligence is helping the criminals. No excusse, fire them and charge them and jail them with the two murderers.

  • Cracker - 2012-02-08 20:18

    The technology to full prove the interactions between state and citizens is available. Why not use it to record the interactions. It saves so much trouble caused by disputes as to what exactly took place. You tend to believe the police? Don't. If the police thought they were the bearers of truth they would make arrangements to make it easy for the rest of society and the judicial bench to see (or even hear) the truth according to a totally objective means of evidence relay. The electronic means available. We need a change of the law relating to the admissibility of pointing outs, confessions and (to police and law enforcement officers) admissions.

  • Julie - 2012-02-09 03:13

    Pity that this 'minor' will probably get off scot-free because of his age, whereas had this murder happened in England - perhaps also in the USA and some other countries - he would be on trial with his 'gatgabba," Mahlangu and the same punishment meted out to him. Here in SA. 'the law is an ass' and criminals of any age are what my late hubby used to call "royal game," whereas long ago crime was at an all-time low as murderers (and I think rapists) got the rope. The liberal brigade argue that the death sentence is not a deterrent - perhaps not totally, but certainly does serve to scare many people off. Botswana still has the death penalty and crime there is very much lower than here, but what else can you expect from a so-called 'government' whose officials were all terrorists and murderers; who had to be released from prison to take over the reins of government and allow the country to slide into a cesspool of filth, crime and corruption - eish!!!!!

  • Drogo - 2012-02-09 09:54

    It's like I wrote before on these pages: the ANC and their black police force have deliberately both-up this whole case in order to have the two black accused aquitted on all charges. Initially there was a white competent special task team on the scene, but then they were pulled of by some black police general and replaced with a black task team. And the rest is history... absulote shameless and a tragedy.

  • Esther - 2012-02-09 10:10

    The offspring of a puffadder is as poisonous as the adult snake.....

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