Only one accused to be tried for Franziska's murder

Franziska Blöchliger, 16, was raped and murdered in Tokai Forest.

Franziska Blöchliger, 16, was raped and murdered in Tokai Forest.

Published Jan 18, 2017

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Cape Town – The Wynberg Magistrate's Court refused bail on Wednesday, for a man accused of the murder, rape and aggravated robbery of Kalk Bay teenager Franziska Blochliger, in the Tokai Forest last year.

Because the charges include rape, this accused may not be identified until he pleads to the charges in the Western Cape High Court in March. In the proceedings, before magistrate Goolam Bowa, the accused was informed of the charges, and the High Court indictment was handed to the court to form part of the record. Four men initially faced the charges, all of which carry life sentences.

At Wednesday’s hearing, however, the prosecutor withdrew the murder, rape and robbery charges against the other three accused, and instead charged them with receiving and possession of stolen property, namely, the teenager’s cellphone.

Because these three no longer face rape charges, they may now be identified – Jerome Moses, Jonathan Jonas and Daniel Easter.

The three were transferred to another court where, minutes later, they pleaded not guilty before magistrate Vanessa Miki. Their case continues on February 17.

All three were released on bail at earlier proceedings, but Jonas is back in custody in another matter.

Magistrate Bowa said the fourth man, who may not be named, denied the murder and rape charges in the bail proceedings, but said he would plead guilty to the robbery charge.

His indication that he would plead guilty to robbery, in fact placed him on the scene of the murder and rape, the magistrate said. The magistrate said each of the three charges carried minimum sentences.

This accused had previous convictions for assault, theft and robbery, he said. He had also failed to satisfy the court that there were exceptional circumstances that rendered his release on bail in the interests of justice.

The magistrate said he was mindful of the principle that an accused person was considered innocent until proven guilty. However, because of his previous conviction for robbery, the court was of the view that he would perpetrate further crime if released on bail.

He said premeditated murder, the rape of a teenager and aggravated robbery were framed under Shedule 6 of the Criminal Procedures Act. The legislature intended that applications for bail, for people accused of Schedule 6 offences, had to be more difficult.

He added: “Difficult, but not impossible.”

The court was of the view that his release on bail would cause a public outcry, and that he was likely to abscond, considering the sentences he faces if found guilty. The man’s defence attorney, Monique Carstens, was allowed to withdraw from the case on the grounds that the accused had run out of funds.

The case was postponed to February 3, when he will be informed of the date in March when his trial in the High Court is to commence.

The 16-year-old Blochliger was found dead in the Tokai Forest on March 7, some 200 metres from the place in the forest where she and her mother had agreed to meet, after the girl had gone for a jog at a popular recreation spot.

African News Agency

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