The man accused of murdering UWC student Jesse Hess has dealt the state’s case a blow after claiming he was tortured into making a confession.
The allegations made by David van Boven that he was shocked, choked, and beaten by police officers has plunged the case into a trial within a trial as Judge Judith Cloete now has to rule on whether his statement is admissible or not.
Suspects Van Boven and Tasliem “Boontjie” Ambrose returned to the Western Cape High Court for the murder trial of Jesse and oupa Chris Lategan.
Their bodies were found after an alleged house robbery on 30 August 2019.
Both of them had been strangled to death, while the state has revealed that Jesse was also raped during the attack.
During cross-examination of the investigating officer, Lieutenant-Colonel Adrian Pretorious, Van Boven’s lawyer told the court that the warning statement and confession were obtained unconstitutionally.
Van Boven claimed after his arrest on 14 November, he was taken to Macassar Police Station where he was held.
He said the officers took him to Khayelitsha District Hospital to obtain a blood sample.
He claimed the next day he was mercilessly moered by a group of cops who tasered him, tied a belt around his neck to choke him and covered his head with a bag.
He said this was done as cops wanted to show him how Jesse suffered.
His lawyer told the court that Pretorius along with Colonel Eddie Clark watched him being attacked and that he was told not to say anything as cops threatened to take him back to Macassar and moer him again.
Pretorius denied any form of torture and the occurrence books at Macassar Police Station were handed in as evidence.
However, Cloete noted that the books did not provide proof on whether or not Van Boven was brought back to the station or taken to Pollsmoor Prison, as cops claimed.
The trial continues.