Murder accused Colin Booysen, bodyguards' bail finalisation postponed

2018-10-17 21:45
Colin Booysen (File, Peter Abrahams, Son)

Colin Booysen (File, Peter Abrahams, Son)

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Cape Town taxi fleet owner Colin Booysen was furious on Wednesday that he and his two bodyguards were arrested for the fatal shooting of a man during an argument in Belhar in September.

"I reserve my right to sue those persons who arrested me without any basis for law," said Booysen through his lawyer, advocate Bruce Hendricks, in his bail application in the Bellville Magistrate's Court.

"There is no basis to charge me," said Booysen, brother of Jerome "Donkie" Booysen who is described by some as a "gang leader".

Booysen said the only reason he survived the shooting was because of the quick response of his highly trained bodyguards, Calvin Abels and Vuyiswa Macingwana.

READ: Another man killed in possible underworld shooting in Cape Town

At least 10 police officers were in court and the security search at the entrance to the court building included scanning people's shoes.

The bodyguards are his co-accused in the murder of Adrian Pietersen in a shootout in Belhar, Cape Town, on September 28.

Incarceration placing strain on family

In his affidavit Booysen, who hails from Hanover Park and lived in Belhar before settling in Bellville, said being kept behind bars until trial would ruin his business. His fiancée, five children and ailing mother would also suffer.

He said he had five taxis, three of which are registered in his name with the Delft/Belhar taxi association, and would lose his business contacts and his R60 000 a month income if he were to remain in custody.

His property portfolio includes his house in Bellville that he bought for R1.3m and on which he pays a monthly R15 000 Absa bond and a house he bought in Belhar he bought for R960 000 and rents out at R7 500 a month.

The self-employed 51-year-old with a Grade 9, said his incarceration was placing severe strain on his family.

He conceded that he had previous convictions for culpable homicide and assault with grievous bodily harm, but any other cases against him since he was paroled had been withdrawn. 

These details were read to the court from an affidavit by Hendricks.

Multiple attempts on Booysen's life

Hendricks submitted a substantial quantity of evidence to support the bail application, including a Facebook picture of Pietersen holding an Uzi submachine gun and footage of the apparent swift relay-style handover of a gun used to fire at Booysen from one person to another who ran off with it.

The court heard that at the time of the shootout on September 28, Booysen had been warned that Pietersen had been with people who were drinking and might be coming after him.

ALSO READ: Who is trying to kill Jerome 'Donkie' Booysen and why?

He was told that Pietersen had set out wearing a bullet proof vest and carrying a gun.

Booysen has been using bodyguards since March 2018, following multiple attempts on his life. His brother has also survived numerous shootings.

Hendricks said Abels and Macingwana and one other guard who was not named, and a person called Ashley Fields were also in the car when Pietersen approached them in the street.

Fields is a co-accused in an extortion case Booysen is also facing.

'Dis my Belhar'

Booysen was in the driver's seat and had been listening to a woman he was driving past. She was apparently complaining that school children were being assaulted and that there had been a serious fight in the area. Booysen told her to report it to the police.

Pietersen then arrived and started arguing with Booysen. The guards blocked Pietersen who was pointing a finger and a gun at Booysen, the court heard.

Pietersen apparently told Booysen: "Dis my Belhar (It's my Belhar)."

Pietersen left in a black Hyundai Getz and Booysen went to a relative's home nearby, only for Pietersen to return.

There was an argument outside and shots were fired. A shootout between both sides ensued, but Booysen did not shoot, Hendricks said.

The court heard that Abels is a highly trained, certified and registered weapons handler and bodyguard. He is also a cash-in-transit guard and is trained in first aid and basic firefighting. His qualifications are from courses he completed at companies including SBV and Fidelity. He also completed the South African Police Service firearms competency test and is registered with the Private Security Industry Regulator (Psira), the court heard.

He fired a warning shot.

Accused intend to plead not guilty

Macingwana also has firearm competency and security training certificates and is also Psira registered. Under fire, he returned fire.

Booysen's BMW SUV was hit, but he was not harmed.

Pietersen was hit and died later in spite of Abels' first aid kit being pulled out to staunch the bleeding while waiting for an ambulance. 

Booysen's brother Jerome also arrived on the scene. Pietersen's bullet proof vest had disappeared from the scene, Hendricks said.

Booysen and the guards went to the police station to report the shooting and also laid an attempted murder charge against another man present. That man's trial for attempted murder starts in November.

Booysen and the guards said they intend to plead not guilty to the charge of the murder of Pietersen but cannot stay in jail any longer.

Extortion case 

Macingwana said he had never seen anything like the appalling conditions he was living in in prison, and was not coping psychologically.

"I am not a gangster and daily life in prison is unbearable," he said.

Hendricks said their case was that Booysen feared for his life.

Prosecutor Samantha Regnart said the State would have to verify all of the affidavits, photographs and video submitted during the bail application before it could respond to Hendricks' submissions.

The court ran out of time and Magistrate Zakira Mohamed postponed the finalisation of the bail application to October 19.

Booysen goes on trial in December for an extortion case.

Read more on:    colin booysen  |  cape town  |  crime

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