Theron murder: State ‘has weak case’Comment on this story
Cape Town -
There is very little incriminating evidence against the teenager accused of murdering his girlfriend’s mother - despite confessions by two others involved in the crime - the Simon’s Town Magistrate’s Court has heard.
Kyle Maspero, 18, and his girlfriend Phoenix Racing Cloud Theron, 19, have been charged with murder for allegedly strangling her mother, Rosemary Theron, in their Clovelly home in March. Maspero appeared in court on Monday for the third time during his ongoing bail application.
William de Grass, for Maspero, said during closing arguments in his bail application that the State’s case was so weak it would fail to put Maspero behind bars, and should therefore not stand in the way of magistrate Crystal McKenna granting him bail.
Phoenix Racing Cloud Theron and another co-accused, Godfrey Scheepers, who allegedly helped move the body, made full confessions to the police. Both confessions implicate Maspero as the key player in the crime.
De Grass said any statements made by accomplices should be treated with extreme caution. Strong forensic evidence would be needed to back up the claims by the co-accused in their confessions.
According to information revealed by police captain Nomalungisa Damoyi under cross-examination in a previous hearing, the post-mortem could not determine the cause of death. The body was too badly decomposed to ascertain whether Theron had been strangled.
De Grass said that left very little incriminating evidence against his client. “If this case were to go to trial today, he would be acquitted,” De Grass said in court. “The State’s case is non-existent.” However, the State stuck to its argument that Maspero was a flight risk - and posed a threat to Scheepers who felt his life was in danger.
“Kyle said he will kill anyone who crosses their path,” Scheepers said to Captain Damoyi in a police interview.
But Maspero submitted an affidavit claiming his life was in danger in Pollsmoor Prison. De Grass submitted that Maspero had been violently attacked, stabbed, robbed and threatened with rape inside the prison.
De Grass also said the media attention the case attracted would be an “added safeguard” if Maspero was released on bail. He could not evade trial, because pictures of his face had been published so extensively that he would be recognised easily if he tried to run away.
McKenna is expected to give judgment on March 12. - Cape Argus