Dispute over ‘assault’ at farm massacre trial

THE High Court trial of the four men accused of having had a hand in the massacre of eight people at a Kalkrand area farm in March 2005 plunged straight back into a side hearing about the admissibility of statements that two of the accused are claimed to have made as soon as it resumed this week following a five-month break.

At the centre of the trial within a trial that has been continuing before Judge President Petrus Damaseb on Tuesday and yesterday are statements that multiple murder suspects Sylvester Beukes and his brother, Gavin Beukes, are alleged to have made to Police officers between the time of their arrest on March 6 2005 and their first court appearance on March 9. Between March 4 and 5 2005, it is alleged in the indictment faced by the two brothers and their co-accused, Justus Christiaan (‘Shorty’) Erasmus and Rehoboth area resident Stoney Raymond Neidel, eight people were murdered at the farm Kareeboomvloer between Rehoboth and Kalkrand.It is alleged that Erasmus, whose parents were two of the people killed at the farm, had initiated the massacre by conspiring with Sylvester Beukes to have his parents murdered.All four men pleaded not guilty to all 15 charges – including eight counts of murder, a charge of robbery with aggravating circumstances, a count of housebreaking and robbery, and a charge of arson – at the start of their trial on March 1 this year.On April 4, Sylvester Beukes’s defence counsel, Winnie Christians, informed Judge President Damaseb that Beukes was admitting that he shot dead the eight people killed at the farm.Gavin Beukes was tied up when the killings were taking place, and he did not play a part in these events, Beukes informed the court through a plea explanation at the start of the trial.Christians indicated before the trial was postponed in mid-April that he was objecting against any evidence about statements that the Beukes brothers are claimed to have made to Police officers before their first appearance in court.That was because they had been severely assaulted and intimidated by Police officers before they appeared in court, Christians said.One of the Police officers who, according to Christians’s instructions from his clients, beat the brothers after a team of Police officers found them at their home at Rehoboth on the evening of March 6 2005, is Warrant Officer Geoffrey Scott.Scott testified in the trial within a trial on Tuesday, and strongly denied any claims that he or other officers had either assaulted the brothers or shouted and swore at them that evening.He said he noticed a mark on Sylvester Beukes’s face – it could still be clearly seen on his left cheek when he first appeared in court – and asked him about it, and the reply he got was that Beukes had fallen somewhere.His suspicion then and now still was that Beukes might have been in a fight with some of the victims of the killings at Kareeboomvloer, Scott told the court.He said after items thought to have been stolen from the farm after the massacre were found in the brothers’ house he decided to arrest both brothers on charges of multiple murder and robbery.Both before and again when he carried out the arrests, he informed them of their rights, including the right to legal representation and the right to remain silent, Scott said.He said initially the two suspects appeared to look shocked, but “a few minutes down the line Sylvester Beukes took on a carefree attitude”.Gavin Beukes still looked shocked, and he eventually started cooperating with the Police officers, while “feverishly trying to convince Inspector (Kobie) Theron that he did not kill anybody”.In the process he implicated his brother, Sylvester Beukes, though, Scott testified.Sylvester Beukes’s attitude was “carefree”, Scott said.Scott denied a claim that Police officers had been shouting and swearing at the brothers, as well as insulting them.”On the other hand I was not there in a popularity contest, to try and please the accused,” he added.He similarly denied claims of assaults having been perpetrated on the brothers.The trial continues today, still with the trial within a trial.Deputy Prosecutor General Antonia Verhoef is prosecuting.Defence lawyer Petrie Theron is representing Erasmus.Between March 4 and 5 2005, it is alleged in the indictment faced by the two brothers and their co-accused, Justus Christiaan (‘Shorty’) Erasmus and Rehoboth area resident Stoney Raymond Neidel, eight people were murdered at the farm Kareeboomvloer between Rehoboth and Kalkrand. It is alleged that Erasmus, whose parents were two of the people killed at the farm, had initiated the massacre by conspiring with Sylvester Beukes to have his parents murdered.All four men pleaded not guilty to all 15 charges – including eight counts of murder, a charge of robbery with aggravating circumstances, a count of housebreaking and robbery, and a charge of arson – at the start of their trial on March 1 this year.On April 4, Sylvester Beukes’s defence counsel, Winnie Christians, informed Judge President Damaseb that Beukes was admitting that he shot dead the eight people killed at the farm.Gavin Beukes was tied up when the killings were taking place, and he did not play a part in these events, Beukes informed the court through a plea explanation at the start of the trial.Christians indicated before the trial was postponed in mid-April that he was objecting against any evidence about statements that the Beukes brothers are claimed to have made to Police officers before their first appearance in court.That was because they had been severely assaulted and intimidated by Police officers before they appeared in court, Christians said.One of the Police officers who, according to Christians’s instructions from his clients, beat the brothers after a team of Police officers found them at their home at Rehoboth on the evening of March 6 2005, is Warrant Officer Geoffrey Scott.Scott testified in the trial within a trial on Tuesday, and strongly denied any claims that he or other officers had either assaulted the brothers or shouted and swore at them that evening.He said he noticed a mark on Sylvester Beukes’s face – it could still be clearly seen on his left cheek when he first appeared in court – and asked him about it, and the reply he got was that Beukes had fallen somewhere.His suspicion then and now still was that Beukes might have been in a fight with some of the victims of the killings at Kareeboomvloer, Scott told the court.He said after items thought to have been stolen from the farm after the massacre were found in the brothers’ house he decided to arrest both brothers on charges of multiple murder and robbery.Both before and again when he carried out the arrests, he informed them of their rights, including the right to legal representation and the right to remain silent, Scott said.He said initially the two suspects appeared to look shocked, but “a few minutes down the line Sylvester Beukes took on a carefree attitude”.Gavin Beukes still looked shocked, and he eventually started cooperating with the Police officers, while “feverishly trying to convince Inspector (Kobie) Theron that he did not kill anybody”.In the process he implicated his brother, Sylvester Beukes, though, Scott testified.Sylvester Beukes’s attitude was “carefree”, Scott said.Scott denied a claim that Police officers had been shouting and swearing at the brothers, as well as insulting them.”On the other hand I was not there in a popularity contest, to try and please the accused,” he added.He similarly denied claims of assaults having been perpetrated on the brothers.The trial continues today, still with the trial within a trial.Deputy Prosecutor General Antonia Verhoef is prosecuting.Defence lawyer Petrie Theron is representing Erasmus.