Lack of evidence: Suspect freed in Anene Booysen case

Jonathan Davids at the Bredasdorp Magistrate's Court in February. (Gallo)

Jonathan Davids at the Bredasdorp Magistrate's Court in February. (Gallo)

"The state has withdrawn charges against Jonathan Davids after a thorough investigative process. Davids was arrested after he was implicated in the rape and murder of Anene Booysen. The investigation revealed that there was insufficient evidence to secure a conviction," said National Prosecuting Authority spokesperson Eric Ntabazalila in a statement on Tuesday.

Ntabazalila said charges were withdrawn against Davids (22) in the Bredasdorp Magistrate's Court.

"The state will continue with its case against accused two, Johannes Kana.
The matter has been postponed to June 3 2013 for plea proceedings in terms of section 119 of the Criminal Procedure Act," he said.

According to the Cape Argus, Kana (21) confessed to raping and assaulting Booysen, but not murdering her. He did not apply for bail.

This section of the Act relates to charges being put to the accused so he can plead guilty or not guilty, in matters where the offence has to be tried by a higher court, or where it merits punishment in excess of what the magistrate's court can give.

'Sense of shock and outrage'
"We understand the sense of shock and outrage that was induced by the incident, however, as the prosecution we can only prosecute successfully on sufficient evidence," Ntabazalila said.

Booysen (17) was found severely beaten and disembowelled at a construction site after spending several hours at a pub in Bredasdorp on February 2. She died soon after being hospitalised.

Before she died, Booysen said from her hospital bed that five or six men were involved in the attack.

She had also named "Zwaai", which was both the nickname of Davids and another man said to live in Zwelitsha.

Davids and Kana confirmed that they were at the same pub that night. 

A statement further explaining the dropped charges will be released by the NPA later on Tuesday. – Sapa

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