Cape Town - Four alleged gang members appeared in the Western Cape High Court on Thursday for the murder of 7-year-old Nathlia Pienaar from Lavender Hill.
Waylin Andrews, 20, Enrique Williams, 22, Edwin Petersen, 20, and Cole Nel, 18, are facing four counts of murder, attempted murder, illegal possession of a firearm and illegal possession of ammunition for allegedly working together in a gang-related shooting.
The four pleaded not guilty after the State alleged that they shot and killed the 7-year-old when they opened fire on Ryan Kruger in Grindal Avenue on August 24, 2019.
The little girl had been playing nearby when Kruger came from Eltister Road and crossed Grindal Avenue – known as a hot spot for gangsterism. As he crossed the road, the accused approached him with a firearm, yelled out his name and opened fire.
Kruger was wounded during the shooting after 22 shots were fired in his direction in full view of residents and children playing outside. He managed to escape with a gunshot wound to his leg as he dodged bullets, but the little girl was killed.
After the accused fled the scene, the toddler was discovered with a gunshot wound to her head. She was immediately rushed to hospital but died on arrival. The post-mortem confirmed the cause of death to be a gunshot wound to the head.
The State alleged that the crimes were committed as part of the four’s alleged involvement in criminal gang activity and that these crimes were committed under common purpose.
An Anti-Gang Unit police officer testified that when he arrested Andrews and Williams the next day, there was no resistance. He said that Andrews complied and came willingly while Williams said: “I’m sorry” when he was informed of the girl’s death.
Their lawyer, advocate Jan Buurman, questioned the officer and said that according to his clients, they were assaulted by the police after they were arrested. He said according to Williams he was driven to a bush, where he was kicked, trampled on and thrown to the ground until he couldn’t breathe, forcing him to say what they wanted him to say.
The police officer disputed this and said that the two were driven straight to Steenberg police station after their arrest.
He said that statements made by the pair were made freely according to the documents they signed, but they did display signs of being nervous.