'Smiley' van Wyk's DNA doesn't match that found at scene of Anika's murder - lawyer

2017-02-01 10:21
André van Wyk in the dock. (Deaan Vivier, Netwerk24)

André van Wyk in the dock. (Deaan Vivier, Netwerk24)

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Pretoria – The State has no case against André “Smiley” van Wyk because his DNA does not match that found at the scene of Anika Smit's murder, his lawyer says.

“There are no witnesses and there is very little physical evidence,” advocate Corrie Nieuwenhuys told the Pretoria North Magistrate’s Court on Tuesday, Netwerk24 reported.

“All the State has is that he walked into a police station and said ‘here I am, I committed the murder’, and the ‘confessions’ he’d made in prison. One can’t bank on that.”

Van Wyk, 24, is applying for bail.

On Tuesday, he made a U-turn on his “confession” of having murdered Smith, 17, in March 2010, raping her with a bottle, and cutting off her hands. 

Threatened

Van Wyk said in his bail application that he surrendered to police last year because someone threatened to “seriously injure” his family if he did not take the blame for Smit’s murder.  

While he was in custody, he allegedly told other inmates he wanted to be known as “Smiley Scissor Hands”. On his chest were tattoos of two hands with blood dripping from them.

Prosecutor Tania Carstens said Van Wyk had claimed that people he did not know threatened him and forced him to take the blame for the murder. 

“He told police that he’d removed the firearm and some of the evidence from the scene and that he’d removed Anika’s hands because she’d scratched him.”

Then, Carstens said, Van Wyk had changed his tune. Investigating officer Lieutenant Colonel Mike van Aardt had gone to the pub where Van Wyk claimed he was threatened.

CCTV footage showed Van Wyk was there with a man and a woman for barely 15 seconds. It seemed as if the man was giving him a ticking off because he’d spoken to the woman.

'Why not ask for protection'

Carstens said that for six years since the murder Van Wyk received no threats.

“Then, and what is the probability, someone happens to be in the same pub as him and forces him to confess. 

“Why surrender and admit to killing Anika, but not ask police protection for his family?” 

He made admissions to the investigating officer and later in the day confessed in front of a magistrate. In addition, he told a cellmate how he would manipulate the prosecution, Carstens said. 

He asked to be sent to Weskoppies Psychiatric Hospital for observation in an attempt to prove he was not compos mentis. The hospital found nothing wrong with him, she said. 

Nieuwenhuys, for the defence, said the area the CCTV camera covered might not have been wide enough to show if Van Wyk was confronted elsewhere in the pub. 

Smit’s dad Johan, who had found her body in their Pretoria home, was at the bail hearing on Tuesday, accompanied by his own lawyer.  

After the day’s proceedings, Smit said outside court: “When Van Wyk handed himself over to police last year, I’d hoped the case could now be solved. I was just glad that there were developments.

“Now he claims to have been threatened and that he hadn’t committed the crime. He keeps changing his story and I think it’s just a ruse by his defence team to get him freed on bail.

“If I’m threatened, I will surely tell police and not change my tune three times. Let’s see what happens.”

The bail application continues on Friday. 

Read more on:    anika smit  |  pretoria  |  crime

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