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Cape Town - A judge has ruled that the pointing out of the crime scene by rape and murder accused Johannes Kana earlier this year may not be used as evidence during his trial.
The ruling comes after police admitted, during the trial within a trial at the Swellendam Circuit Court, that they had not read Kana his rights.
On Monday, Judge Patricia Goliath said she would give the reasons for her ruling later.
Kana is on trial for the rape, mutilation and murder of Bredasdorp teenager Anene Booysen, 17, in the early hours of February 2.
Her injuries were so severe that they caused her death and shocked doctors.
On Friday, Lieutenant-Colonel Hermien Titlestad-van Zyl admitted that she had not read Kana his rights “verbatim” during an interview on February 22, the day of the pointing out of the scene.
On Monday, Kana told the court he would not have pointed out the scene (where Anene was found) if he had been told it could be used against him in court.
Asked by Maria Marshall, for the State, what he thought would happen to the evidence being pointed out, he said he had been co-operating with police.
“I was giving my co-operation to show police what happened.
“If she (Titlestad-van Zyl) had told me that it would be used against me in court I would not have done it.”
Investigating officer Edmund Abels told the court the pointing out had been done on February 22 because police had been busy with the investigation and interviewing of witnesses.
During closing arguments Pieter du Toit, for Kana, said by the time that Kana was arrested, everyone in Bredasdorp knew where Anene’s body had been found.
Marshall said that it was in the public’s interest that the evidence be allowed.
“He was aware of his rights and the implications that it could be used against him.”
Later, outside court, Pastor Sam van Staden - who has known Kana since he was a boy - said the ruling was a victory for justice.
“We prayed for justice. Until he is proven guilty, he is innocent.”