Judge threatens to arrest emotional witnesses

Shadrack Boikanyo in the dock at the Northern Cape High Court. Picture: Soraya Crowie

Shadrack Boikanyo in the dock at the Northern Cape High Court. Picture: Soraya Crowie

Published Jun 24, 2016

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Kimberley - Northern Cape High Court Judge Johann Olivier on Thursday warned emotional witnesses in the assegai murder trial of Shadrack Boikanyo, that they could face arrest if they did not “pull themselves together” and present their evidence.

Boikanyo is accused of killing his former girlfriend and mother of his child, Lerato Olifant, with an assegai on March 8 last year in Galeshewe, after she tried to flee from him.

A neighbour, Gloria Mothibi, who testified earlier this week that she had witnessed Boikanyo taking a weapon out of the boot of his car and following Olifant into Oom Noel’s (Radebe) house, where he allegedly stabbed her several times with the assegai, was among the witnesses who were overcome with emotion.

After continuing with her testimony in the high court on Thursday, Mothibi burst into tears, sparking off at least three other witnesses, who also became emotional and tearful.

One of the witnesses, believed to be Oom Noel’s daughter, apparently fainted outside and court proceedings had to be postponed to Friday to allow the witnesses to compose themselves.

Kenny Kgatwe, who is representing the State, tried to consult with crying, emotional witnesses during the initial recess at around 11am and the court was postponed until after lunch.

However, when proceedings resumed after lunch, Kgatwe told Judge Olivier that the witnesses were still too emotional to take the stand and asked for an extension until Friday, giving his assurance that they would be in a fit state to do so.

Boikanyo’s legal representative, Ferdie van Heerden, pointed out that this should be the last time that an extension be granted as his client was being held in custody while the proceedings were being dragged out.

Judge Olivier gave a stern warning to Kgatwe that if his witnesses failed to give evidence in court on Friday, he would issue a warrant for their arrest because they had no choice but to take the stand in court.

He made it clear that it was not up to them as witnesses whether they delivered their testimony or not and said that they would have to appear in court on Friday or face arrest.

Earlier in the morning, before the postponement, 82-year-old Radebe was called to the witness stand where he recalled the events which happened at his home on March 8 last year.

Radebe, who testified that he was standing outside at the time, said he saw a man get out of his vehicle and go inside a house a few doors up the road.

“He did not take a very long time and when he came out of the house, he was pulling her (Olifant) in an aggressive manner towards his car.

“She ran to my house and asked me to open the gate, saying that this man was going to kill her.”

Radebe added that he did not hold her and neither did she hold onto him.

“I opened the gate and she ran inside my house. This man then came to my house, asking me where the girl was. He also asked me to open the gate for him. I refused and he pushed me to the ground, “ Radebe said.

He said his neighbour, Gloria Mothibi, helped him up and he went inside the house, while she stayed outside.

“I saw the man enter my daughter’s room.”

Radebe added that by the time the man exited his house, Mothibi had already left as he did not remember seeing her afterwards.

The case continues on Friday.

DFA

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