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Booysen accused rights violated – judge

Evidence collected from Johannes Kana when he pointed out the crime scene cannot be used in court.

Johannes Kana arrives on the scene escorted by police. Picture: Renee de Villiers/EWN

CAPE TOWN - The lawyer of the man accused of the rape and murder of Bredasdorp teenager Anene Booysen has hailed as a victory the dismissal of evidence collected while his client was pointing out the crime scene.

The defence and state disputed whether the accused Johannes Kana's rights were infringed upon resulting in a trial within a trial.

Kana is accused of sexually assaulting, mutilating and leaving the 17-year-old for dead at a construction site in February.

It is the victory Kana's lawyer has been hoping for since the start of the trial within a trial in Swellendam.

Judge Patricia Goliath ruled in favour of the defence that no evidence collected from the accused while pointing out the crime scene on 22 February can be used in court.

Reasons for the ruling are expected at a later stage.

Kana's lawyer Pieter du Toit says the court agreed with his argument that his client's constitutional rights were infringed upon.

"She (the judge) did find his rights were infringed upon. It's also good for the justice system in South Africa. Just because it's a serious case it doesn't mean you are going to throw your constitutional rights out of the window."

A police officer had testified while she did not read Kana his rights verbatim, she made sure he understood them and that they were protected.

Du Toit believes the ruling gives them the fighting spirit they need to continue with the trial.