In a surprise move on Tuesday the state closed its case in the Sizzlers multiple murder trial.
Waterfront restaurant manager Adam Roy Woest and taxi operator Trevor Basil Theys were prepared for a marathon trial after the judge entered pleas of not guilty to nine charges of murder, one of attempted murder, one of the theft of two firearms, armed robbery and two counts involving the illegal possession of firearms and ammunition.
At the start of the trial last week prosecutor Anthony Stephen handed up a list of 89 state witnesses.
On Tuesday, however, he unexpectedly closed the state’s case after calling only a handful of witnesses, including the sole survivor.
The final witness to testify on Tuesday was Terrence Cunningham, brother-in-law to Aubrey Otgaar, owner of Sizzlers, who died in the massacre on January 20 last year.
Cunningham told the court it took a long time for him to get permission from the Sea Point police to enter the Sizzlers premises.
He said his task had been to clean up the premises, and he found a R10 note in a safe in Otgaar’s room — Otgaar lived on the premises — together with a note thanking Otgaar for a loan.
Psychiatric reports have been handed to the court, declaring both Woest and Theys fit to stand trial.
The hearing was postponed to Wednesday to give the defence team, Mornay Calitz for Woest and Nehemiah Ballem for Theys, time to prepare their case.
Woest and Theys are on trial before Judge Nathan Erasmus and assessors Martin Groenewald and Pat Madden.
Because they blamed each other for the massacre, the judge recorded pleas of not guilty. — Sapa