‘State has no proof’: Murder accused’s lawyers say there’s no evidence
The lack of physical evidence presented during the murder trial of UWC student Jesse Hess and her oupa, Chris Lategan, came under scrutiny at the Western Cape High Court.
On Tuesday the state prosecutor and defence attorneys for murder accused David van Boven and Tasliem “Boontjie” Ambrose went head to head in their final arguments following a lengthy trial.
The double murder sparked an outcry when their bodies were found after an alleged robbery at their Parow home on 30 August 2019.
Jesse, 18, and Chris, 85, had been strangled to death, while the state revealed that the theology student had also been raped.
Van Boven, an alleged member of the 28s gang, was arrested several months later after he was identified as the suspect who raped a 16-year-old girl in Hanover Park. He went on the run and was found hiding in Struisbaai.
The second accused, “Boontjie”, was arrested several days later.
During the trial, the duo turned on each other as cops revealed the shocking contents of their warning statements and confessions, despite both men pleading not guilty.
Van Boven’s lawyer, Brendaline Abrahams, said the state had failed to prove he was at the scene of the murders as no fingerprints or DNA links could be made with him.
Abrahams said there was “no chance” that the court could find her client guilty of rape as the state pathologist Grace Uren admitted to finding no evidence of vaginal injuries on Jesse.
“The only evidence is the warning statement and confession and he insisted he was unduly influenced. There is no concrete evidence despite,” Abrahams argued.
“There is no DNA or fingerprints as not one fingerprint was lifted from a door handle or coffee cup that would conclusively link him.
“The state has failed to prove that Ms Hess was raped. Dr Uren stated that in the absence of vaginal injuries, she presented a hypothetical scenario regarding a condom being used.
“She wanted to convince the court that there had been a rape and tried to manufacture non-existent evidence.”
Abrahams called for Van Boven to be acquitted.
Boontjie’s lawyer, Christian Brand, meanwhile stated that his client was more credible than Van Boven, saying that unlike Van Boven, he admitted to making the confession to police of his own free will and gave the police all the information he had.
However, state prosecutor, Emily van Wyk, called on the court to find both of the accused guilty, saying they acted with common purpose.
She said Van Boven avoided answering questions directly, gave long-winded answers, was evasive and aggressive.
Van Wyk said Boontjie told the court liegstories claiming he was bang of Van Boven.
She said he voluntarily went with Van Boven to smoke drugs and steal a car the day before the murders.
Judgement will be handed down on 9 May.
monique.duval@inl.co.za