Johannesburg - A man accused of murdering 3-year-old Cuburne van Wyk last year denied killing the boy, but admitted that the child had followed him after he had given him a biscuit.
The High Court, sitting in Palm Ridge, on Thursday heard the defence of Nathaniel “Chicken” Mpoku, who is accused of kidnapping and murdering Cuburne.
The boy went missing on August 6 last year. His burnt body was found three days later at an abandoned mine dump near Reiger Park in Boksburg.
Eyewitnesses testified that they had seen Cuburne following Mpoku away from a soccer field where he had been playing with other children.
Mpoku said he had been sitting outside the post office next to the soccer field, “watching the girls”, when Cuburne asked him for a biscuit. After giving one to the boy, Mpoku left, but later noticed that Cuburne was following him.
“The boy was looking at those biscuits. That’s when I took two biscuits out, then I told the boy to go back. I left the boy with the other group of children in the street who were playing with tins,” he told the court.
Mpoku said that was the last time he saw Cuburne. He then went on to guard cars before walking to Alberton, where he slept outside a shop.
Mpoku’s lawyer, Lumka Qoqo, asked him: “Sir, did you kill this child?”
“No,” he responded.
Mpoku took the stand after Judge George Maluleke refused his lawyer’s application to have him discharged on section 174.
Qoqo argued that the State did not have enough evidence against Mpoku.
“The State has failed… They don’t have enough evidence to link my client to the murder,” she said.
But Judge Maluleke dismissed the application on the basis that there was circumstantial evidence that placed Mpoku at the scene where Cuburne was last seen.
Earlier, the court heard that the police officers who were first at the scene where the toddler’s body was found had failed to conduct their investigation thoroughly.
A rock that was found on Cuburne’s body as well as clothing found on the scene were not collected as exhibits. Neither were swabs taken for forensic purposes.
This emerged when prosecutor Annemarie Smith questioned Constable Samuel Mnguni, who took photos and fingerprints at the scene.
Mnguni argued that he was acting under the instruction of the investigating officer at the scene.
The Star