On Wednesday, during the rape trial of Tango, Judge Robert Henney said Stacha did not need to die had he been arrested, prosecuted and convicted for a rape he allegedly committed five years ago.
An upset Henney said in the Cape High Court he wants to know why a case of rape made against Tango in July 2012, was withdrawn in January 2013.
Earlier this week Tango, 31, entered a plea explanation for Stacha, wherein he admitted to “having had sex with” and then killing the 11-year-old child, who threatened to tell her mother, because he “didn’t want to go jail”.
To the four counts of rape, involving two girls, one who was 14 at the time, he pleaded not guilty.
These alleged incidents occurred in 2008 and 2012.
He fathered a child with the 14-year-old, and it was revealed this rape charge was later dropped following a consultation between the girl’s mother, Tango and his mother.
Stacha was killed on 27 March this year at Tango’s home in Matroosberg Street, Tafelsig.
He dumped her body at nearby Tafelsig sports field.
A 26-year-old woman testified that on 28 July 2012, Tango lured her to the same sports field where he raped her twice.
“When we got there, he wanted to kiss me and I told him: ‘You know I have someone and you know him’. He said: ‘Are you taking me for a gat?’ En hy force, and he pulled my pants down. I was holding onto my pants and he kept pulling and so it went on,” the young woman told the court.
“My pants were in half (torn). He pushed his finger up in me and then he raped me. He choked me and said he is going to to kill me.
“The case was withdrawn, and even like I feel today, I wanted to go on with the case then. The detective said I must just hang on, he will come back to me.”
But it was when the woman’s 29-year-old husband took the stand yesterday, that questions arose as to why the case was withdrawn.
The man told the court he had been coming down from a tik and mandrax high when his then girlfriend rushed into his room, woke him up and told him that she had been raped by Tango.
He admitted he didn’t believe her immediately, because of the drugs, and said that he knew Tango, and thought she was looking for attention.
However, the next morning, they went to open a case with police.
The couple got married last year.
He told the court that three weeks after the incident, he saw Tango in a neighbour’s yard and moered him.
“I told him: ‘Jy het my meisie verkrag’, and I hit him with a hockey stick. Randy said: ‘Jy lieg, ****er.’”
He says Tango was then arrested for another matter, and jailed.
They later heard the rape case had been withdrawn, but did not know why.
A highly agitated Henney said police claimed in records the victim did not attend a consultation with the prosecutor.
“So, he was arrested. He was inside but if this was followed through, we would not be here today, he would have been in jail then,” said the judge.
“I want to be informed why this case was withdrawn, someone is not telling the truth.”
Outside court, Stacha’s mother Sandy Markgraff also blamed police for her daughter’s murder.
“If he (the detective) had done his work properly, then it could have been prevented, like Judge Henney said.”
She believes Tango threatened her child, and stuffed toilet paper in her mouth to keep her quiet.
“Stacha did not know him, and she would not have gone into that house on her own will. There was toilet paper found in her throat,” the hartseer mom says.