Massacre trial takes a couple of detours

THE trial of four men accused of killing eight people at the Mariental district farm Kareeboomvloer two years went into two side hearings before Judge President Petrus Damaseb in the High Court in Windhoek yesterday.

The court started hearing testimony on the admissibility of evidence about statements two of the accused are alleged to have made to a Police officer. However Deputy Prosecutor General Antonia Verhoef first asked the Judge President to conduct an enquiry into an alleged failure by one of the four accused, Justus Christiaan (‘Shorty’) Erasmus (29), to comply with his bail conditions.Erasmus, who is free on bail of N$20 000, was supposed to report at the Windhoek Police station between 18h00 and 20h00 on Monday.Normally he has to report at the Police station each Monday, Wednesday and Friday between 04h00 and 09h00, but this condition was changed on Thursday to enable him to travel to Henties Bay for the weekend and return to Windhoek on Monday.He failed to report as required on Monday evening, Verhoef said.According to Petrie Theron, who is representing Erasmus, his client did report at the Police station, but later than the required time.He said Erasmus signed a sheet of paper at the Police station to prove that he had reported, as the usual bail condition file that he was supposed to sign could not be found.Theron initially told Sergeant Willem Dax, who testified that he was informed that Erasmus had failed to report as required, that his instructions were that Erasmus reported at the station between 21h00 and 23h00.After further consultations with his client, Theron changed this version and told Dax that his instructions were that Erasmus had arrived in Windhoek just after 23h00.That enquiry to determine whether Erasmus had broken his bail conditions is set to continue at a later stage, having been interrupted when the court instead continued to hear the testimony of former Police Chief Inspector Kobie Theron.Theron was closely involved in the investigation of the events at Kareeboomvloer on March 4 to 5 2005.Theron has already told the court about accusations against Erasmus that one of the first of the accused to be arrested, Sylvester Beukes (22), made to a Police officer in a written statement on March 14 2005.That was eight days after Beukes and his brother, Gavin Beukes (25), were arrested at Rehoboth in connection with the slayings.Theron told the court that Sylvester Beukes had also told him that Erasmus had asked him to help him kill his family against payment of N$50 000, as Erasmus was in trouble because his father wanted to remove Erasmus from his and his wife’s joint last will and testament.Erasmus’s parents, Justus Christiaan (‘Rassie’) and Elzabé Erasmus, were two of the eight people killed.Theron also told the court that in the statement Sylvester Beukes made to a Police officer, Beukes claimed that after his arrest, he again saw Erasmus at the Kalkrand Police Station on March 10 2005.At that encounter, Erasmus flashed an “OK signal” to him by giving him a thumbs-up sign, Beukes claimed, according to Theron.It would however not have been possible for the two suspects to see each other at Kalkrand on that date, because on March 10 2005 Beukes was in custody at Mariental, Theron testified.He said such an encounter could only have taken place on March 8 2005.With Theron having completed the bulk of his testimony, the court at the tail end of his time in the witness stand went into a trial within a trial to determine the admissibility of statements that he said the Beukes brothers had made to him after their arrest.The brothers’ defence counsel, Winnie Christians, has objected to evidence about those alleged statements being accepted by the court.He told the Judge President that the basis of his objection was a claim that the brothers had been “severely assaulted and intimidated” by Police officers in the time between their arrests and their first appearance in court on March 9 2005.According to Theron, he informed the Beukeses of their rights, including the right to legal representation and the right to remain silent, when he first spoke to them at their house at Rehoboth on March 6 2005.While he could see that Sylvester Beukes had an injury under his left eye, which was also swollen, neither of the two brothers told him of any assault by members of the Police, Theron said.At the house, Sylvester Beukes made a statement to him “freely and voluntarily, without any influence or force”, Theron said.He added that Beukes “was calm and co-operative”, and that this remained his attitude throughout the investigation.Gavin Beukes also made a statement to him at their house, Theron said.He told Theron that although he was present at the scene of the killings, he was not involved in the events, Theron said.On trial with Erasmus and the Beukes brothers is another Rehoboth resident, Stoney Raymond Neidel (30).Theron is set to continue giving evidence for a fifth day today.However Deputy Prosecutor General Antonia Verhoef first asked the Judge President to conduct an enquiry into an alleged failure by one of the four accused, Justus Christiaan (‘Shorty’) Erasmus (29), to comply with his bail conditions.Erasmus, who is free on bail of N$20 000, was supposed to report at the Windhoek Police station between 18h00 and 20h00 on Monday.Normally he has to report at the Police station each Monday, Wednesday and Friday between 04h00 and 09h00, but this condition was changed on Thursday to enable him to travel to Henties Bay for the weekend and return to Windhoek on Monday.He failed to report as required on Monday evening, Verhoef said.According to Petrie Theron, who is representing Erasmus, his client did report at the Police station, but later than the required time.He said Erasmus signed a sheet of paper at the Police station to prove that he had reported, as the usual bail condition file that he was supposed to sign could not be found.Theron initially told Sergeant Willem Dax, who testified that he was informed that Erasmus had failed to report as required, that his instructions were that Erasmus reported at the station between 21h00 and 23h00.After further consultations with his client, Theron changed this version and told Dax that his instructions were that Erasmus had arrived in Windhoek just after 23h00.That enquiry to determine whether Erasmus had broken his bail conditions is set to continue at a later stage, having been interrupted when the court instead continued to hear the testimony of former Police Chief Inspector Kobie Theron.Theron was closely involved in the investigation of the events at Kareeboomvloer on March 4 to 5 2005.Theron has already told the court about accusations against Erasmus that one of the first of the accused to be arrested, Sylvester Beukes (22), made to a Police officer in a written statement on March 14 2005.That was eight days after Beukes and his brother, Gavin Beukes (25), were arrested at Rehoboth in connection with the slayings.Theron told the court that Sylvester Beukes had also told him that Erasmus had asked him to help him kill his family against payment of N$50 000, as Erasmus was in trouble because his father wanted to remove Erasmus from his and his wife’s joint last will and testament.Erasmus’s parents, Justus Christiaan (‘Rassie’) and Elzabé Erasmus, were two of the eight people killed.Theron also told the court that in the statement Sylvester Beukes made to a Police officer, Beukes claimed that after his arrest, he again saw Erasmus at the Kalkrand Police Station on March 10 2005.At that encounter, Erasmus flashed an “OK signal” to him by giving him a thumbs-up sign, Beukes claimed, according to Theron.It would however not have been possible for the two suspects to see each other at Kalkrand on that date, because on March 10 2005 Beukes was in custody at Mariental, Theron testified.He said such an encounter could only have taken place on March 8 2005.With Theron having completed the bulk of his testimony, the court at the tail end of his time in the witness stand went into a trial within a trial to determine the admissibility of statements that he said the Beukes brothers had made to him after their arrest.The brothers’ defence counsel, Winnie Christians, has objected to evidence about those alleged statements being accepted by the court.He told the Judge President that the basis of his objection was a claim that the brothers had been “severely assaulted and intimidated” by Police officers in the time between their arrests and their first appearance in court on March 9 2005.According to Theron, he informed the Beukeses of their rights, including the right to legal representation and the right to remain silent, when he first spoke to them at their house at Rehoboth on March 6 2005.While he could see that Sylvester Beukes had an injury under his left eye, which was also swollen, neither of the two brothers told him of any assault by members of the Police, Theron said.At the house, Sylvester Beukes made a statement to him “freely and voluntarily, without any influence or force”, Theron said.He added that Beukes “was calm and co-operative”, and that this remained his attitude throughout the investigation.Gavin Beukes also made a statement to him at their house, Theron said.He told Theron that although he was present at the scene of the killings, he was not involved in the events, Theron said.On trial with Erasmus and the Beukes brothers is another Rehoboth resident, Stoney Raymond Neidel (30).Theron is set to continue giving evidence for a fifth day today.