A man accused of murdering well-known Somerset West fashion designer Johann Kempen threatened to kill him just three days before the murder, claiming he had ruined his marriage, the Cape High Court has heard.
Builder Alan Varley was giving evidence about Gareth Davies, whom he employed to remove rubble for him. Davies has pleaded not guilty to murder and robbery with aggravating circumstances in connection with the August 15, 2002, attack.
Testifying before Justice Rosheni Allie on Tuesday, Varley said Davies often spoke about problems in his marriage.
He said Davies claimed Kempen had spread rumours about his having an extramarital affair and that the rumours had ruined his marriage.
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| 'He said he wanted to kiss me' | "He said he was going to kill (Kempen). The guy was very pissed off. He was angry," Varley said. He later heard that Davies had been arrested.
Davies denied mentioning Kempen's name to Varley, although he conceded having had a conversation with him about his marital problems.
Varley responded: "It's so clear in my mind. He was very angry... I'm not trying to get anyone in trouble. I'm here to tell the truth. I'm just here to tell it like it is."
Earlier in the day, Kempen's brother-in-law, Pieter Scholtz, testified that he had driven from Malmesbury to Somerset West after Kempen's landlady contacted his mother to tell her "something wasn't right" at the cottage.
When he arrived, he noticed blood splattered against the walls. Kempen's body was found rolled up in a mat in the cottage.
Scholtz described Kempen as "very soft-hearted".
On Monday, the court admitted into evidence a confession Davies made before a magistrate days after the murder.
In the statement, Davies said: "We discussed the detail that I would buy the kombi from him, but we would both use it and he agreed to this. We shook hands on it and everything and we started drinking wine and stuff. I got slightly intoxicated.
"(Kempen) tried his luck with me. He said he wanted to kiss me and I told him that I am not that way inclined. I pushed him away and he stopped, saying he was sorry."
Davies also told the magistrate that the following day, he had taken a bath and Kempen grabbed him between his legs and tried to kiss him.
"I got scared and angry and I blanked out, and I hit him. I do not know with what. I came to and I jumped into the kombi and drove around. I think I went to Paarl, but I am not sure. I turned back, thinking maybe it did not happen."
He returned to the cottage and saw Kempen on the floor.
The trial continues on Thursday.
- This article was originally published on page 4 of Cape Times on June 01, 2005
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