Felicity Cilliers, 31, from Stellenbosch, was raped, strangled and left for dead in Longlands in 2007.
Her body was found a week after she went missing.
In August last year, her alleged killer, Andrew Jordaan, was arrested in Ladysmith and taken by police to Cape Town. On the first day in court, a trial within a trial was established following a dispute about evidence.
The defence wants a statement taken by the investigating officer to be declared inadmissible by the court.
On Tuesday, the defence submitted its heads of arguments in the trial within a trial. “The written statement amounts to a confession. The necessary procedures were not complied with and thus will render the document inadmissible,” the defence submitted.
Advocate Inge Levendall further submitted that Jordaan’s rights were not properly explained to him and that he did not sign the documents freely and voluntarily.
According to Jordaan’s testimony, he was punched twice by police en route to Cape Town - once in the car and another time when police were buying food for the journey.
He said on arrival at Stellenbosch police station, he was taken into a room and further assaulted by the investigating officer who took the statement.
Levedall submitted: “When considering whether the accused was assaulted, the court needs to keep in mind that the nature of the assault would not necessarily render any visible injuries upon the glance or first inspection by the cell guard.
“Unfortunately, the cell guard’s observations could not be tested as his evidence was not presented.”