/ 26 February 2013

Anene Booysen trial: Davids pleads not guilty

Jonathan Davids and Johannes Kana at the Bredasdorp Magistrate's Court.
Jonathan Davids and Johannes Kana at the Bredasdorp Magistrate's Court.

Davids was testifying in his bail application on Tuesday. The 22-year-old, who was dressed in a grey hooded top and jeans, gave his version of events the night Booysen (17) was killed. 

Booysen was gang raped and disembowelled after visiting a club on Friday, February 1.

She was found at the Asla Magwebu construction site, where she worked, not far from her RDP home, the next morning.

Before she died in hospital, prosecutor Maria Marshall said the teenager told hospital staff that "Zwaai" and six other men were responsible for her injuries. Davids's nickname is "Zwaai".

He also said he knew of another "Zwaai", who lived in Zwelitsha.

"I heard he's a gangster, a 28 [gang member]," Davids said. He could not say if Booysen had known this man.

Davids said he was at the same pub as Anene on the night in question. He greeted her around 10pm and stayed until midnight, when he left with two male friends and two female friends. They bought a box of wine at a different place, took it home with them, drank it and went to sleep. 

The court heard that he had lived in the town his whole life and had no wife, girlfriend or children.His mother died in 2003 and he did not know his father. He had no fixed address and earned about R1 500 a month selling flowers.

Davids seen bothering Booysen
Marshall put it to Davids that a witness saw him making a nuisance of himself on Friday, February 1.

The witness said Booysen told Davids to leave her alone.

Davids denied the account and said he and Booysen merely greeted each other.

The court heard that Davids gave his clothing to the police for forensic testing after he was arrested.

​Marshall also put to the court that Davids had marks on his left arm and neck when he was arrested on Saturday evening, February 2.

Davids said he got the marks when he fell that morning.

Davids and his co-accused Johannes Kana (21) are accused of the crimes, which fall under schedule six and which require them to prove there are "exceptional circumstances" why they should be granted bail.

Angry community
Kana's bail application is to be heard at a later stage. Marshall warned Davids that, should he be released on bail, the police would not be able to guarantee his safety.

In a petition, the community had made it clear they would not tolerate anyone guilty of the crimes living in the vicinity. "If you're granted bail, are you not worried about your safety? … They could hurt you," asked Marshall.

Davids shook his head and said: "Hulle mag nie [They are not allowed to]."

He later conceded that his life could be at risk.

Marshall asked why he should be let free.

"Because I'm innocent," he replied. – Sapa