Delay in Courtney trial until next week over toxicology report

Mortimer Saunders Picture: David Ritchie/African News Agency/ANA

Mortimer Saunders Picture: David Ritchie/African News Agency/ANA

Published Jun 15, 2018

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The trial of the alleged rapist and murderer of Courtney Pieters has further been delayed.

State advocate Esmeralda Cecil said their next expert witness, who was supposed to take the stand yesterday, needed to listen to a CD recording of the toxicology report.

“The recording was too faint and my witness could not hear it properly. Therefore it would not be in the interest of the State to question this witness if they were not able to prepare themselves. We have asked for a clearer copy to be made available,” Cecil said.

Forensic analyst Luthando Tiya returned to the witness stand at the request of defence lawyer Morne Calitz, who wanted to further cross-examine him after consulting with his own expert.

Tiya was in the witness stand last week and confirmed that the DNA found on samples of clothing of murdered three-year-old Courtney matched that of Mortimer Saunders.

Samples tested at the forensic lab included a top, jeans, a vaginal vault swab and a right-thigh swab.

DNA testing found a full profile match for Saunders from DNA extracted from Courtney’s top, Tiya said.

Yesterday Calitz asked Tiya if sperm cells could be present in pre-ejaculatory fluid.

“Pre-ejaculation fluid comes before semen. Meaning there was no sperm cells, so no,” Tiya said.

Calitz put it to Tiya that pre-ejacultory fluid could contain sperm cells if a man ejaculated more than once.

Tiya confirmed this.

Last week during his testimony, Tiya said a right-thigh swab obtained from Courtney had tested positive for possible semen. "This matched a full profile belonging to a single individual or single donor.”

During cross-examination Calitz asked Tiya if the semen found on the victim could be that of pre-ejaculatory fluid.

Tiya disputed this, saying: “We do not test for pre-ejaculatory fluid. We test for semen."

Calitz also asked Tiya about the effects of DNA and degrading. “It does get degraded when exposed to elements. You are guaranteed better results from a fresher sample,” Tiya said.

The matter will resume on Tuesday.

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