MOSSEL BAY NEWS - Court proceedings continued today in the trial of five accused of the murder of Heila Kilian on a farm just outside Still Bay in April 2018.
Kilian was visiting her sister Brenda Thomas and Brenda’s husband, David when they were attacked by five armed men during an evening braai. Kilian was shot and killed during the incident.
Judge Lister Nuku ruled this morning that the confession made by accused number three Nikani Msomi, which placed him at the scene of the crime was inadmissible, due to Msomi’s request to speak to a legal aid representative being ignored.
The court is now hearing arguments on the admissibility of the confession of another of the accused, Samkumzi Benya.
The defense is basing its argument on the fact that Benya’s confession was not made in the presence of a legal aid representative, even though he had previously asked for one. They also argue that he did not fully understand the consequences of making a confession, since he only has a Grade 4 education.
State’s witness Sergeant A.B. Kamfer, the investigating officer, testified that Benya was so eager to give his confession that he agreed to do so even though there was no legal aid representative present.
Benya was arrested in Philippi, Cape Town in August 2018, four months after the murder of Kilian took place.
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