Cape Town-140520. Angy Peter outside the Cape Town High Court. She and her husband Isaac Mbadu are accused in the vigilante killing of a Mfuleni man. Witness for the defence, Dr David Klatzow, is seen behind her. reporter: Natasha Prince. Photo: jason boud

Cape Town - The four people accused of necklacing a man in Khayelitsha two years ago, have applied to the Western Cape High Court to have the charges against them dropped.

Defence lawyers for Social Justice Coalition activist Angy Peter, her husband, Isaac Mbadu, Azola Dayimani and Christopher Dina, have argued that the State has failed to make its case against them. The four are on trial for kidnapping and murdering Rowan du Preez in October 2012.

On Monday, the four brought an application for discharge in terms of Section 174 of the Criminal Procedures Act.

Du Preez had been necklaced and left for dead but was found by police officers several hours after his attack.

The officers told the court that Du Preez told them his name, address, and had recalled how he was kidnapped and assaulted by Peter and Mbadu.

On Monday, Mduduzi Ndlovu, for Dayimani and Dina, argued that there was “no direct link” to show Dayimani and Dina’s involvement.

He questioned why Du Preez did not mention Dayimani and Dina’s names when he spoke to police.

“That is the million-dollar question. For the State to have a strong case against accused three and four (Dayimani and Dina) Rowan should have mentioned their names,” he said.

One of the officers said Du Preez told them that Peter, her husband and two others had forced him into a white Quantum van. Ndlovu argued that no registration number was taken.

William King, for Peter and Mbadu, argued: “There is no evidence upon which a reasonable person might convict the accused.”

Prosecutor Phistus Pelesa argued that there was an overwhelming amount of evidence against the accused.

Judge Robert Henney had previously ruled that Du Preez’s statements to police before his death were admissible. His reasons for allowing the statements to be used as evidence would be given at later stage, he said.

Judge Henney reserved judgment in the application matter until next Wednesday.

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Cape Argus