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With no forensic evidence linking Johannes Kana to the rape and murder of 17-year-old Anene Booysen, both the State and defence closed their cases in the Swellendam Circuit Court on Wednesday.
Kana, who pleaded guilty to raping Anene but not guilty to killing her, was the last person seen with Anene outside a Bredasdorp pub in the early hours of February 2.
Outside the court on Wednesday, Pieter du Toit, for Kana, said he thought it was likely that Kana would be convicted of “something” but not murder.
“There is a chance he will be found guilty of rape and definitely a chance he will be found guilty of assault with the intention to do grievous bodily harm, which has a minimum sentence of 10 years.”
He added he had decided not to call Kana to the witness stand to avoid the risk of having him cross-examined by the State.
On Wednesday, the State’s last witness was Warrant Officer Edmund Abels, who took over the case from Sergeant Doleen Olivier on February 8.
He told the court that blood on Anene’s bra could not be linked to Kana or anyone else.
A forensic analysis of Kana’s T-shirt, trousers, underwear and shoes also came back negative.
“Results for possible blood came back positive but it wasn’t enough to form a profile.”
Asked by Pieter du Toit, for Kana, about the blood found on sticks at the spot where Anene was found, Abels said: “There were never tests done on the sticks.”
He said when he returned on February 8 to the crime scene, where a barely alive Anene was found, the area had been cleared and the blood-smeared walls of the house painted.
The court heard that Abels was present at the Bredasdorp police station when Kana spoke to his girlfriend, Elzene Fortuin, and told her that he was sorry.
“The accused told his girlfriend he was sorry for what he had done, that she should carry on with her life and finish school.”
Questioned by prosecutor Maria Marshall, Abels said he was aware of Jonathan “Zwai” Davids who was implicated by Anene before she died.
“Possible” blood had been found on his clothes and scratch marks on his body, but Abels said Davids could not be linked to the crime because forensic tests had come back negative.
“All avenues were investigated and followed up; there were interviews and statements over Zwai and other people who could possibly be involved.”
All charges against Davids were dropped earlier this year.
Closing arguments are expected to take place on Monday.