Cape Town - Two men have been convicted on charges ranging from murder, rape and robbery with aggravating circumstances in the High Court sitting at the Eastern Local Circuit in George.
The State has proven beyond reasonable doubt that Ruwaden Bruiners and Johnick Kleinbooi raped, murdered and robbed Charne Manuel.
According to the evidence before the court, Manuel was last seen in the company of Bruiners and Kleinbooi on the evening of September 16, 2020, hours after the trio were searched by police at a roadblock in George.
During the early hours of September 17, 2020, Manuel’s body was found next to a railway. Her underwear and pants were pulled down below her waist.
Kleinbooi was arrested on September 23, 2020, and confessed to the crimes, he also co-operated with police by pointing out evidence.
In his plea explanation, Bruiners told the court he was with Kleinbooi on the night of the incident and was searched by police at the roadblock. Manuel walked with them after leaving the roadblock.
As they were walking along the train lines, Bruiners said they decided to rob her. He placed his arm around her neck and choked her. She passed out and he made her lie down along the train lines.
Bruiners further explained to the court that he searched Manuel while Kleinbooi tied her hands and feet.
During this time Manuel gained consciousness, but Kleinbooi choked her again and he noticed she was not moving anymore.
Bruiners told the court he noticed someone approaching them as he saw a light in the distance, and this prompted him and Kleinbooi to flee the scene.
While Kleinbooi confirmed he was with Bruiners, he claimed he wanted to go home and was coerced to remain in the company of his co-accused and Manuel.
The court heard that Kleinbooi choked Manuel and his involvement in the matter was as a result of coercion from Bruiners.
Senior State prosecutor advocate Lenro Badenhorst called several witnesses who proved the plea explanations were “peppered with lies” and significant details were left out which tied the two to the crime.
Forensic pathologist Dr Marianna Winterbach, who conducted the post-mortem, testified the cause of death to be consistent with smothering because a rolled-up sock was pushed into the mouth and filled the entire oral cavity and oro-pharynx.
A rope was tied through Manuela’s mouth, over the cheeks and around her upper neck, with a knot at the back of the neck.
A second sock was found tucked in her mouth under the front bottom teeth.
It was Winterbach’s opinion that Manuel would have become unconscious within three minutes and died minutes later when all her organs shut down due to a lack of oxygen.
While no DNA was found during the post-mortem, the court heard that Bruiners had used a plastic bread wrapper as a condom so as not to leave any DNA behind.
“It is submitted that it is highly unlikely that it would have required the accused to choke the deceased to a state of unconsciousness just to rob her. It would have been easy, being in a remote place, to corner her and take her cellphone or the contents of her backpack. “It is submitted that it is highly unlikely that they would have allowed her to go free at the train track in circumstances where she knew them and could report the robbery,” Badenhorst argued on the murder charge.
Badenhorst further argued: “It is submitted that the only reasonable conclusion to be made from the conspectus of evidence is that the accused killed the deceased by smothering her to death by inserting sock plugs in her mouth which sealed off her ability to breathe.
“It is submitted that the accused had the direct intention to kill a known deceased once they started robbing her and their actions escalated to rape.
“It is submitted that the automatic and co-ordinated co-operation by the two accused supports the inference that it was never a consideration to leave the deceased alive.”
He further submitted the murder was premeditated.
“Kleinbooi admitted that he closed off the mouth of the deceased which prevented her from shouting for help. It is submitted that the only inference to be made from the actions (and methods used) about the deceased is that they intended to kill the deceased with premeditation. They had to kill her because she was raped, they were involved, and that was the only way to get away,” Badenhorst said.
Delivering his judgment, Judge Derek Wille agreed with the State.
“I find that the evidence of the pointing out in this matter is crucial. I say this because pointing-out evidence is essentially circumstantial evidence used in criminal trials to link an accused to an offence.
“Courts are invited to draw an inference that the pointing out of places or things by an accused stems from his or her knowledge of the crime and that his or her knowledge implicates him or her with the commission of the offence.
“As a matter of pure logic, the pointing out of anything by a person under trial carries an implied admission that he or she has some knowledge of the thing pointed out or the facts connected to it. It is beyond reasonable doubt that the only inference that can be drawn is that accused number two knew the precise location where the deceased’s body was found because they both took part in committing the offences upon which they were indicted,” Judge Wille said.
The case against Bruiners and Kleinbooi has been postponed to August 21 for sentencing.
“The National Prosecuting Authority welcomes the conviction as it is a step towards ensuring justice for the victim and another demonstration of its resolve to fight the scourge of gender-based violence and femicide,” Western Cape NPA spokesperson Eric Ntabazalila said.
IOL