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Outstanding DNA reports, including the testing of genetic material found under the nails of murdered teen Franziska Blochliger, would prove that accused Howard Oliver did not rape or murder her, he indicated through his lawyer in the Wynberg Magistrate's Court on Tuesday.
According to the defence, 44 DNA reports were still outstanding and were essential in proving that the father of two did not kill the 16-year-old in Tokai Forest earlier this year.
"If those reports can be released, there is no doubt in my mind that the results will prove my innocence with regards to the rape and murder of the deceased," Oliver said in an affidavit read to the court by his lawyer, Monique Carstens, during his bail proceedings on Tuesday.
Oliver intended to plead guilty on a robbery charge, but denied raping and murdering Blochliger.
Read more: I robbed Franziska to keep my child in crèche – murder accused
He claimed he had robbed the girl as she jogged through Tokai Forest to pay for his child's crèche fees. This after he was unable to get a loan from work.
Oliver allegedly ran into co-accused Jonathan Jonas before the robbery.
Gun would "make everything worse"
He told the court he had grabbed Blochliger from behind in a chokehold until she lost consciousness.
When the teen regained consciousness, Jonas allegedly told her to hand over her personal items. She gave him her ring and watch.
Oliver said he never asked Jonas – apparently armed with a gun - to accompany or help him.
In his affidavit, he said he attempted to convince Jonas to put the gun away, as it would "make everything worse".
Jonas allegedly then turned the gun on him and Blochliger, who was dragged into the fynbos where the gunman allegedly shoved her face into the ground and raped her.
Jonas laughed and shook his head as he listened to the testimony against him.
Investigating officer to testify
Following a lunch break, Carstens said her client had been threatened while in the holding cells and had decided against calling a witness for the application in fear for the person's safety.
Prosecutor Renee Uys said the State opposed bail due to the seriousness of the incident and the strength of its case against him.
Co-accused Jerome Moses, also represented by Carstens, was finalising a plea and sentencing agreement for possession of stolen property. He apparently helped Oliver sell the stolen cellphone.
Read more: Franziska’s parents leaving SA to find peace
Last month, he was granted relaxed bail conditions to allow him to be treated at a drug rehabilitation centre in Elsies River until January 20.
The fourth accused, Daniel Easter, would plead guilty to possession of stolen property for having Blochliger's cellphone, which he allegedly bought from Oliver and Moses.
The matter was postponed until Friday for the testimony of the investigating officer.
