ET trial: Blood spatter saved teen

2012-05-22 22:32

Ventersdorp - A teenager was acquitted of the murder of rightwing leader Eugene Terre'Blanche on Tuesday, but his co-accused was found guilty.

"There is no evidence forensically or physically linking [Patrick Ndlovu] to the murder of [Terre'Blanche]," Judge John Horn said in the High Court sitting in Ventersdorp.

He said blood spatters on the wall, the ceiling and the bed in the room where Terre'Blanche was killed showed Ndlovu could not have been present during the murder.

"To say that he intended to kill would not accord with the facts."

Horn said he did not believe Ndlovu played an active role in the attack and that he was merely a passive bystander.

He was also found not guilty on the charge of attempted robbery, but was found guilty of house-breaking with the intent to steal.

His co-accused Chris Mahlangu was convicted on all three charges.

Mahlangu and Ndlovu were charged with hacking and beating Terre'Blanche to death on his North West farm in April 2010.

The sentencing hearing takes place on 18 June.

Horn commended the police witnesses, who were criticised by the defence during their testimonies.

"It cannot be said that they deliberately set out to mislead the court or that the evidence was tainted."

Horn said that investigators should learn there was no such thing as an open-and-shut case.

"All cases should receive appropriate attention. Police and investigators should not let their guard down because a case appears simple and straightforward and do so at their peril, as this case has no doubt proved."

After the judgment, Andre Visagie who leads the AWB splinter group Gelofte Volk, said he was satisfied that the court had thoroughly considered all the evidence.

"The evidence does not prove that the minor can be found guilty of anything more than house-breaking."

The Freedom Front Plus welcomed the judgment.

"It is however clear that shoddy police work has been to the advantage of the youth, who has also been involved in the case and this undermines jurisprudence in South Africa," spokesperson Pieter Groenewald said in a statement.

Brutal attack

Claims that Terre'Blanche sodomised Mahlangu were rejected by Horn earlier on Tuesday.

"Sodomy is such a personal intrusion, I can't believe [Chris Mahlangu] would not have raised it immediately," Horn said.

He asked why it was mentioned only towards the end of the trial, and also only through other witnesses.

Horn said Mahlangu saw the semen-like fluid on Terre'Blanche's genitals as an opportunity to use sodomy as a defence.

However, Horn said the notion that this had indeed been semen was never proven. The same applied to the origin of the fluid.

"I therefore reject any suggestion that [Mahlangu] was sodomised," Horn said.

He rubbished Mahlangu's claim that he had acted in self-defence, and said there was no evidence that Terre'Blanche was killed because of his political views. The dispute was over wages.

"He was revered by some, but despised by others," Horn said.

While Terre'Blanche was portrayed as arrogant and violent, neither of the two accused testified about this, or any claims of abuse.

"None of these things could justify the brutal attack on the deceased."

Ndlovu's name was made public for the first time on Tuesday. His trial had been held in camera until now, but as he turned 18 in April he could be named.

Strong police presence

Throughout the day, police and police vans lined the streets surrounding the court.

Heavily-armed officers separated rival groups in an attempt to keep the peace.

Brief tensions flared-up outside as supporters of Ndlovu and Mahlangu danced and sang "Viva, Mahlangu, Viva" and "Dubul' iBhunu [Shoot the Boer]".

Some carried placards reading, "Down with the AWB", "Thank you, Mahlangu".

Another said, "Waar is jou onderbroek ET (Where are your underpants, ET?)".

AWB members, clad in camouflage uniforms and sporting flags and banners, were also outside the court. Some of their banners read: "AWB stood the test of time" and "Long live the AWB".

  • Digger - 2012-05-22 23:31

    Well, well so I can be present and involved in a housebreaking where someone is murdered but not be charged...? I do nothing to try stop the murder or help in any way, but still I am not held accountable! Damn SA law has a long way to go.

      Werner TheBat Roodt - 2012-05-23 00:20

      Totally agree with you digger! I quote the following. One who knowingly, voluntarily, and with common intent unites with the principal offender in the commission of a crime. One who is in some way concerned or associated in commission of crime; partaker of guilt; one who aids or assists, or is an Accessory. One who is guilty of complicity in crime charged, either by being present and aiding or abetting in it, or having advised and encouraged it, though absent from place when it was committed, though mere presence, Acquiescence, or silence, in the absence of a duty to act, is not enough, no matter how reprehensible it may be, to constitute one an accomplice. One is liable as an accomplice to the crime of another if he or she gave assistance or encouragement or failed to perform a legal duty to prevent it with the intent thereby to promote or facilitate commission of the crime.

      Janice - 2012-05-23 07:31

      OK, call me stupid here, but I dont understand!!! He was found NOT guilty on a charge of attempted robbery, but found guilty of house breaking with the intent to steal ? ? ? ? ? ? ? ? ?

      thando.ramncwana - 2012-05-23 07:50

      Ya ya....lets all blame the white magistrate for incompetency in his judgment......i already have a can of me his place of residence!! - 2012-05-23 12:21

      it is more complex than that. just because he was present doesn't automatically make him an accomplice. don't base your argument on logic. the courts don't rely on logic, but facts and principles.

  • bernard.ingram - 2012-05-23 02:24

    Disgusting behaviour by the supporters of these two criminals! Then again, it is Africa after all, the dark continent.

      Chumscrubber1 - 2012-05-23 06:17

      But Zamile, the people are calling for the killing of white people, not just the AWB. At least on the day the AWB did not behave like primitive savages, unlike the "others". The AWB is just a nice excuse for you to condone black on white racism. We're all heading for a fall due to the attitude of you lot.

      nkosi.dlamini2 - 2012-05-23 09:15

      what the hell r u doing then in this dark continent?

      Nigel - 2012-05-23 09:57

      @ nkosi.dlamini2 - We live here fool

      lebogang.d.motubudi - 2012-05-23 14:49

      What a luxury it must be for you presiding over all these people of the dark continent. You words are inspirational! And I'm sure all your children will grow up filled with love and acceptance for all of the "dark continent". Well done Azurite. You are true model for the new South Africa. You should be proud! I'm being sarcastic! If you even know what that means... shame man. No hope for you...

      Oneant - 2012-05-24 01:42

      @nkosi : perhaps becoming filthy rich off peoples stupidity?

  • Sango - 2012-05-23 07:46

    ET was a thug anyways, has this artist who made a zuma painting ever thought of making one for ET and all other racist leaders.

      Andrew Sheppard - 2012-05-23 08:19

      So you saying Zuma is racist??Come on!!

      Sango - 2012-05-23 08:36

      no andrew i did say that maybe he is maybe not, my point was has this artist ever thought of making one for botha and the other freak who was a president before him?

      Andrew Sheppard - 2012-05-23 08:38

      Ok sango. Shew! Have a good day bud.

      Andrew Sheppard - 2012-05-23 08:42

      Ok cool sango. Have a good day bru

      Rob - 2012-05-23 08:55

      Lol. Why don't you ask him? Before you do though, have you asked yourself why an artisit needs to dedicate his life and thoughts to drawing paintings of every controversial politician in order to create some sort of balance so that you and those that don't understand true freedom can feel comfortable?

      Sango - 2012-05-23 10:40

      truth hurts i know.

  • pkheswa - 2012-05-23 07:54

    1. ET - check\r\n2. Brett Murray .........

      Oneant - 2012-05-24 01:45

      now i understand why my countrymen were the first to demonstrate quantum entanglement and yours just keep killing each other when they dont agree with something. buy another BMW from us, we have free world class health care to fund.

  • Michael Kleber - 2012-05-23 08:26

    Strange times one man paints the president and is condemned by some , another man is found guilty of murdering a right wing leader and is called a hero by same people condemning artist , double standards?

  • Bless Boswell - 2012-05-23 08:27

    So what are we saying here: because he had a radical past (but was granted amnesty in 1999 just as Robert McBride was granted amnesty) was very vocal about his beliefs and wanted a separate state for "his" people and was getting on in years - that it was justifiable to beat him to death? The man was asleep! How cowardly is that? He was a controversial character - there is no doubt that - but, just as we accept that the black people have their separate cultures, so too, we have to accept the culture of Terreblanche and his followers. One cannot compel people to integrate if they have no wish to do so.

      ishmael.valoyi - 2012-05-23 09:04

      Yeah right! Who would want 2 intergrate with evil creatures like him

  • Marc - 2012-05-23 08:34

    Its official, you can now get away with murder in South Africa, but hey, we have all known that for a while now!

  • Bosvark Van Rensburg - 2012-05-23 08:43

    Truth is there ain't whites nor blacks but pinks and browns. Origin of the names blacks and whites was definitely not from blacks but from so called whites for obvious reasons. So the so called blacks version will be pinks and brown for clear purpose and thats what eyes can truly see.

  • kasamkelo - 2012-05-23 08:52

    Good riddance that's all.

  • nkosi.dlamini2 - 2012-05-23 09:18

    reading all these comments make me feel no pity for farm murders!!These settlers are racists and bitter... wake Up.. There's absolutely nothing you can do abt it...

      Nigel - 2012-05-23 10:02

      And yet another evil racist beats his drum while stuffing his face with the food the farmers produce. Stupid, ignorant little savage.

      Holdanigono - 2012-05-23 10:57

      How can you feel nothing for innocent people being murdered? It seems you are being the racist here. These are people who privide work and food for the economy- you should be ashamed of a comment like this.

      Peter - 2012-05-23 15:50

      Mr Dlamini2...please see my post about one of your pathetic comments on this page. You are the prime example of, "An empty vessel makes the most noise." You cannot condone farm murders, just like I don't condone racism or attacks on anyone for that matter. It's guys like you that feed bad info into today's youth and add fuel to the fire that we're all trying to dowse !!!

      marietjie.davel - 2012-05-24 11:49

      you are truely an idiot nkosi. hehehehe KILL THE BOER! KILL THE FARMER!!! you are going to sing it until hunger strikes you!! IDIOT!!!!!

      hrh.majiuana - 2012-07-10 13:56

      @the are saying that africans never knew how to farm before the europeans came to this continent? get your cracker-ass head outta yor ass you dimwitted cretin.

  • Bosvark Van Rensburg - 2012-05-23 10:19

    Racism is still alive and well in North-west. Some farmers are good and some are bad. When one cries or blame racism please do not generalise.

  • Holdanigono - 2012-05-23 10:54

    Dexter would have a field day in SA

  • Peter - 2012-05-23 15:45

    Mr NkosiDlamini 2...Of course our continent is dark but do we as the wealthiest and most democratic of all countries in Africa have to behave like the rest of them ? Although the continent may be dark...there is a ton of pale faces that have helped mould this country into the beautiful place it is today and are still today, despite all the prejudice and discrimination against them, working damn hard at keeping our beloved country the no. 1 State in Africa...whether you like it or not !!! Please Look before you Leap, Sir !!!

  • tony.cerfontyne - 2012-05-24 01:33

    @Nkosi.dlamini2 them tell my why so many blacks are leaving their homeland & comming over to predominantly white countries if they don`t want the white man. PLEASE EXPLAIN

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