Still Bay case: 'driver' testifies

MOSSEL BAY NEWS - The fatal shooting of Heila Kilian on the farm Gazania, just outside Still Bay on 16 April 2018, shocked the small town.

She was visiting her sister, Brenda Thomas and Brenda's husband David, when the attack took place.

During an evening braai the Thomases, their tenant Shaun Vorster and Kilian were allegedly attacked by five armed men wearing overall-type trousers. The attackers' faces were covered.

For the past few weeks the trial of the five accused of the crime has been taking place in the Mossel Bay circuit High Court. The accused, Samkhumzi Benya (29), Nkosisethu Nocuza (25), Nikani Msomi (25), Monwabizi Maki (23) and Xolisani Myoyi (29), all pleaded not guilty to charges of murder, robbery with aggravating circumstances, the unlawful possession of a firearm and the unlawful possession of ammunition.

This week the court heard arguments about the admissibility of the confessions made by two of the suspects. The confession made by accused number three, Nikani Msomi, was deemed inadmissible, while the confession of accused number one, Samkhumzi Benya, was found to be admissible.

The court also heard evidence from the investigating officer, Sergeant Jerome Kleinbooi, who described the arrest of Benya in Philippi, Cape Town, where he had fled after the attack. As soon was he was arrested, Benya was eager to make a statement to the police regarding his involvement in the crime and according to Sergeant Kleinbooi, seemed relieved that he was caught.

On Wednesday, 11 March, the court heard evidence from state witness, Xolani Kwinana, who drove the accused from where they lived in Riversdale to just outside Still Bay on the day the crime took place.

Kwinana knew the five accused through his neighbour and they sometimes used to drink together at various taverns in the Riversdale area.

Kwinana said he was approached by accused number two, Nkosisethu Nocuza, whom he knew as Nozulu or John, and asked to drive him and four others to Still Bay. He agreed to do so, but said he had no prior knowledge that the group were intending to commit a crime.

After dropping the accused off about 15 to 20km outside Still Bay, he returned home and about a week later began to hear rumours that the men he drove were the ones responsible for the murder.

The case is on the High Court roll until 20 March and at the time of going to print Brenda and David Thomas were expected to take the stand on either Thursday, 12 March, or Friday 13 March.

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