Kilian murder judgment

GARDEN ROUTE DISTRICT NEWS - The final heads of argument in the murder trial of Heila Kilian (63) were concluded on Thursday 30 September. Testimonies of the five accused were completed on Tuesday morning, 28 September.

Out of the five accused, Sakhumzi Benya, Nkoshihethu Nocuza, Msomi Nikani, Monwabisi Maki and Xolusani Myoyi, only Benya, Nikani and Maki decided to testify in the case.

All of them vehemently denied having anything to do with Kilian's murder or having any knowledge of the events that occurred on the night of the murder, 16 April 2018, on the farm Gazania near Stilbaai.

During his final heads of argument, senior state advocate Christenus van der Vijver said that evidence in the case should not be compartmentalised and if looked at holistically, it paints a completely different picture. It was the state's submission that there was enough evidence to prove that the murder was planned and although all the witnesses weren't the best, their evidence corroborated the state's case.

Court also heard that DNA found on a piece of rope used to bound the victims, matched the DNA profile of accused number three, Msomi Nikani.

He told court that although only some of the suspects had guns on the night of the incident, it was highly unlikely that the others did not know about the weapons.

Kilian was shot through the heart and died while she was enjoying a braai with her sister Brenda and brother-in-law David Thomas during a visit to the farm. Her family members were tied up and beaten in an ordeal that lasted two hours.

The perpetrators ransacked the house and fled in a white Toyota Hilux bakkie that belonged to the Thomases, taking an undisclosed amount of cash and firearms.

The accused were arrested in Cape Town shortly after the incident and face charges of murder, robbery with aggravating circumstances, the unlawful possession of a firearm and the unlawful possession of ammunition. They have all pleaded not guilty on all charges against them.

The trial will continue in the George Circuit High Court on 9 December when Judge Lister Nuku is scheduled to hand down judgement.

The five accused, Sakhumzi Benya, Nkoshihethu Nocuza, Msomi Nikani, Monwabisi Maki and Xolusani Myoyi. Photo: Kristy Kolberg