Cape Town - A trial within a trial is expected to take place in the Swellendam Circuit Court on Friday after the lawyer for rape- and murder-accused Johannes Kana said his client’s constitutional rights had been infringed.
Kana has pleaded guilty to raping Bredasdorp teenager Anene Booysen in February but not guilty to killing her.
The 17-year-old was found with extensive wounds, including to her genitalia, which caused her death, outside the Asla Site B construction site on February 2.
She was last seen leaving a local pub with Kana.
On Thursday, Pieter du Toit, for Kana, told reporters: “The accused pointed out certain things before and we are of the opinion that his constitutional rights were infringed upon.
“The State disagrees so there will be a trial within a trial wherein the judge must decide whether the evidence could be used in the trial or not.”
Du Toit did not elaborate on what Kana had pointed out.
Earlier on Thursday, pathologist Dr Karisha Quarrie told the court that judging from Anene’s injuries, it was probable she had been lying down when she was assaulted.
Cape Argus