Brendin Horner: Defence seeks legal action for wrongful arrest

The state had conceded that there was not enough evidence to prosecute the men for murder but had continued to seek a conviction for stock theft.

FILE: Sekola Matlaletsa and Sekwetje Mahlamba, the two suspects accused of murdering Brendin Horner, appear at the Senekal Magistrates Court on 16 October 2020. Picture: Abigail Javier/Eyewitness News

BETHLEHEM - Lawyers for Sekola Matlaletsa and Sekwetje Mahlamba said their trial was the perfect example of malicious prosecution and could not be excused without recourse.

The case was dismissed in the Bethlehem Magistrates Court against the men who were accused of killing 21-year-old farmer Brendin Horner in Paul Roux, Free State, last year.

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The state had conceded that there was not enough evidence to prosecute the men for murder but had continued to seek a conviction for stock theft.

This after the men were found with two sheep that were thought to have been from a flock of 45 that was reported stolen.

Judge President Cagney Musi found that there was nothing linking them to the murder of Horner or the theft.

But the defence was sure that this would be the outcome of the bail application when the pair’s DNA did not match that which was found on the scene of the murder.

Matlaletsa’s lawyer, Machini Motloung questioned why the state did not drop the charges at that stage.

“There are cellphone records which were analysed which removed accused number one and two from the scene. Surely, the state ought to have looked at this case under serious light.”

He said they have received further instructions from the accused to institute legal action against the state for wrongful arrest as well as malicious prosecution.”

Once judgment was delivered, a sigh of relief could be heard from the families of the accused and they rushed out of court as soon as the sitting was adjourned.