Booysen case trial within a trial

The court will hear whether the rights of the accused in the Booysen case were encroached upon.

Johannes Kana arrives on the scene of Anene Booysen's attack, escorted by police. Pictrure: Renee de Villiers/EWN

CAPE TOWN - The case against Johannes Kana, the man accused of raping and killing Bredasdorp teenager Anene Booysen, will resume today with a trial within a trial.

Booysen was raped, mutilated and left for dead at a construction site in the small town. She was discovered covered in blood and with her intestines hanging outside her body by a security guard on duty at the site.

The guard was one of the first to testify in her murder case.

Today the defence and state are disputing whether Kana's rights were infringed upon when he pointed out the crime scene.

The accused, who is 21-years-old, is currently on trial in the Swellendam Circuit Court.

A police member who is part of the investigating team will be cross examined on, among other issues, whether the rights of the accused were infringed upon.

Judge Patricia Goliath will then decide if the evidence of the accused pointing out the crime scene can stand in court.

Kana's lawyer Pieter du Toit says he cannot comment on the exact reason for a trial within a trial as he is worried it will jeopardise his case.

He says while the state has indicated his client's rights were protected, he believes otherwise.

The accused has admitted to raping Booysen but maintains he did not kill her.