Acquittal bid in country club murder fails

File photo

File photo

Published Feb 5, 2016

Share

Port Eizabeth – The Port Elizabeth High Court on Friday dismissed an application for the discharge of the case against two people accused of the murder of Walmer Country Club manager Gerrie Hoekstra.

Sherwin Leander and Karen van der Merwe’s defence attorneys brought the application in terms of section 174 of the Criminal Procedure Act on Monday, claiming the state’s case was so weak it did not warrant their clients having to testify in their own defence.

Section 174 states that if at the close of the prosecution’s case, the court believes there is no evidence that the accused committed the offence concerned, it can return a verdict of not guilty.

The 61-year-old former Eastern Province rugby coach was shot dead while on his way from the club to deposit R30,000 at First National Bank in Walmer in November 2010.

Leander, 29, Van der Merwe, 41, and Charne Brown, 32, are charged with murder, attempted robbery with aggravating circumstances, conspiracy to rob, and unlawful possession of a firearm and ammunition.

The State alleges Brown and Van der Merwe, who was employed as a bookkeeper at the club at the time, were the “masterminds” behind the robbery.

A fourth accused, Abduragmaan Hendricks, 42, has already pleaded guilty for his part in the crime and is currently serving a 15-year jail sentence.

On Friday, Leander told the court that Hendricks had implicated him in the murder and attempted robbery “out of revenge”.

“It is clear to me that he would implicate me falsely, because he never got any money from a drug deal… maybe it’s about the money I didn’t pay him. He [Hendricks] has revenge towards me,”said Leander.

It emerged that Leander’s fingerprints were also found on the inside window of the vehicle driven by Hendricks during the attempted robbery.

But Leander claimed the prints could have been from the night before while the were driving home from the Captains night club.

He said he had not been in the vehicle after that.

Hendricks testified earlier that he had not been at Captains as a driver.

Leander also denied shooting Hoekstra.

The case was postponed to February 8 for the prosecution to cross-examine Leander.

Hoekstra’s brother Leo, who has attended every court date along with his wife and sister, told reporters he was relieved after Friday’s dismissal of the application.

“I think it would of been a very sad day if they were excused. I’m relieved the trial is getting wound up; everyday we are a little bit closer to justice,” said Leo Hoekstra.

African News Agency

* Use IOL’s Facebook and Twitter pages to comment on our stories. See links below.

Related Topics: