Charges against Anene suspect dropped

doubletrouble

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Cape Town - Charges against Jonathan Davids, who was accused of raping and murdering teenager Anene Booysen in February, were dropped in the Bredasdorp Magistrate's Court on Tuesday.

According to EWN, the State withdrew its case against Davids, much to the delight of his family members, who were in court.

Before she died, Booysen apparently identified Davids as one of her alleged attackers.

Sapa reported that the case against Davids, 22, and Johannes Kana, 21, was postponed last month because the State was still waiting for forensic analysis, cellphone records and a handwriting report.

Booysen, 17, was found severely beaten and disembowelled at a construction site after spending several hours at a pub in Bredasdorp on 2 February. 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. Only Davids and Kana have been arrested until now.

They have confirmed that they were at the same pub that night.

Davids was denied bail in February as the court found he had failed to prove exceptional circumstances existed for his release. He has pleaded not guilty to the charges against him.

According to the Cape Argus, Kana confessed to raping and assaulting Booysen, but not murdering her. He did not apply for bail.
http://www.news24.com/SouthAfrica/News/Charges-against-Anene-suspect-dropped-20130521
 
Why were the charges dropped ?

Last time the court was waiting for forensic evidence wrt to dna found on clothing, court wanted to know on which of the two suspects clothing the dna was found. Maybe this evidence was provided. When she identified her attackers she used a nickname and there's another person with the same nickname which is a member of the 28's gang. This guy also always denied everything while the other guy admitted guilt for rape & assault but not murder.

It could genuinely be a case of having the wrong man.

As per usual very shoddy reporting. The level of journalism in this country is pathetic. Hopefully a better article will come around with more detail.
 
The New Age: (Insufficient evidence to secure conviction????
http://www.thenewage.co.za/96511-1007-53-Charges_withdrawn_in__Anene_Booysen_case
Charges were dropped on Tuesday against one of the men accused of raping and killing teenager Anene Booysen, the National Prosecuting Authority (NPA) said.

Regional spokesman Eric Ntabazalila said charges were withdrawn against Jonathan Davids, 22, in the Bredasdorp Magistrate's Court after a thorough investigation.

"The investigation revealed there was insufficient evidence to secure a conviction. The State will continue with its case against accused two, Johannes Kana," 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.

Ntabazalila said Kana's case was postponed until June 3 for plea proceedings, in terms of section 119 of the Criminal Procedure Act.

This section 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.

"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 "Zwai", 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. – Sapa
 
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