The lawyer of a man accused of raping and murdering little Stacha Arends wants to get his hands on his client’s confession to help him get out of jail.
Yesterday the 11-year-old’s mother, Sandy Markgraf, came face to face with Randy Tango for the first time since his arrest, and broke down at the Mitchells Plain Magistrates’ Court.
Tango, 31, faced a packed courtroom with close to 200 community members from Mitchells Plain and Lavender Hill, with the Mitchells Plain Crisis Forum protesting against his release on bail.
Tango, however, indicated he would be continuing with his formal bail application.
The accused, who was dressed casually in a red sweater, kept his head down and did not make any eye contact with anyone.
Advocate Tuso Motshebe said he had been informed his client had confessed in April to the rape and murder of the little girl.
He told the court he would be bringing an application to have access to the police docket which contained the confession.
Motshebe said it was vital in determining whether the confession was obtained without force and if it was the State’s strongest weapon.
“I approached the senior State prosecutor [about] my client [having] made a confession,” said Motshebe.
“I want to make an application to have access to the docket, particularly with the statement made.
“I need to get clarity if the document is what the State is relying on as their strong case.
“I need to see under which circumstances this statement was made, also the legality of it.”
But State prosecutor Darren Johnson would have none of it and said they would be opposing the application because the confession formed part of the police docket.
“It is part of the investigation, unless the prosecutor otherwise allows it,” he said.
“They shall not have access to any information of a police docket until the the matter is on trial.”
Magistrate Walter Golding then argued the defence wanted the confession for a fair bail application and trial.
He said he would give judgement on the application on 10 May.
BROKE DOWN: Sandy Markgraf, the mother of Stacha Arends, came face to face with her child's alleged killer. CREDIT: Jack Lestrade
As Tango made his way into the police holding cells, Sandy had to be consoled by family members including by her husband, Shannon Markgraf.
Stacha’s father Stanley Godfrey and ouma, Dawn Godrey, were also present.
Details of the confession were not revealed inside court.
However, at the victim’s funeral, Station Commander Brigadier Cass Goolam read out what was believed to be an excerpt from it, recounting Stacha’s final words.
He said: “Leave my people alone, rather kill me, you may get away with it, but Jesus knows.”
Joanie Fredericks of the Mitchells Plain Crisis Forum, which was formed after Stacha’s death, also handed a memorandum over to Captain Harry Brickels of Mitchells Plain Police Station.
They demanded that Tango’s home at 12 Matroosberg Street, Tafelsig, where Stacha was allegedly raped and murdered, be considered a crime scene for the duration of the trail.
The Tango family had attempted to sell the property last month for R320 000.
They also handed a petition of almost 5 000 signatures to the court, calling for bail to be denied.
Tango had been released on parole last October for car theft and his mother previously revealed he had in the past been accused of statutory rape of a 16-year-old girl but that the case had been withdrawn.
Stacha disappeared on 27 March. The next day, her naked and battered body was found on a field.