DA ‘outraged’ at Anene accused decision

Cape Town-130226-Jonathan Davids (21) in the dock at the Bredasdorp Magistrate's Court in connection with the rape and murder of Anene Booysen. Davids is applying for bail. Reporter Zara Nicholson. Picture Jeffrey Abrahams

Cape Town-130226-Jonathan Davids (21) in the dock at the Bredasdorp Magistrate's Court in connection with the rape and murder of Anene Booysen. Davids is applying for bail. Reporter Zara Nicholson. Picture Jeffrey Abrahams

Published May 21, 2013

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Cape Town - The withdrawal of charges in the Bredasdorp Magistrate's Court on Tuesday against one of the men accused of raping and killing teenager Anene Booysen has been condemned the DA.

“The DA is outraged by the fact that only one of Anene Booysen’s alleged attackers will face the courts,” Democratic Alliance spokeswoman on police Dianne Kohler-Barnard said in a statement.

Earlier, National Prosecuting Authority regional spokesman Eric Ntabazalila said charges were withdrawn against Jonathan Davids after a thorough investigation.

The State would continue to pursue its case against 21-year-old Johannes Kana.

Kohler-Barnard said she would submit parliamentary questions to Justice Minister Jeff Radebe and Police Minister Nathi Mthethwa to determine exactly what happened in the case.

“It is clear that some aspect of the criminal justice system has failed Anene Booysen, whether it has been the police or the NPA.”

Booysen, 17, was found severely beaten and disembowelled at a construction site after spending several hours at a pub in Bredasdorp on February 2. She died soon after being hospitalised.

Before she died, Booysen said from her hospital bed that five or six men were involved in the attack.

She had also named “Zwai”, which was both the nickname of Davids and another man said to live in Zwelitsha.

Davids and Kana confirmed that they were at the same pub that night.

Kohler-Barnard said that the DA did not question the NPA's decision and had no intention of pronouncing on the guilt, or otherwise, of either Kana or Davids.

“...(However) this is a sad indictment on our criminal justice system when only one man will be prosecuted for a gang-rape.”

“...The Booysens family deserves answers for who is responsible for their daughter’s horrific death,” she said.

According to the Cape Argus, Kana, 21, confessed to raping and assaulting Booysen, but not murdering her. He did not apply for bail.

Ntabazalila said Kana's case was postponed until June 3 for plea proceedings, in terms of section 119 of the Criminal Procedure Act.

The section relates to charges being put to the accused so he can plead guilty or not guilty, in matters where the offence has to be tried by a higher court, or where it merits punishment in excess of what the magistrate's court can give. - Sapa

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