Murder accused David van Boven says prison records will reveal that he was tortured and not taken to Pollsmoor Prison as police have claimed.
This was revealed at the Western Cape High Court on Tuesday as the man accused of murdering UWC student Jesse Hess and her 85-year-old oupa, Chris Lategan, took the stand for the second day.
Wearing a Nike jacket and jeans, the alleged member of the 28s gang appeared calm as he went under cross-examination following his claims that he was tortured by Metro Police into make a confession on 14 and 15 November 2021.
Van Boven along with Tasliem “Boontjie” Ambrose are charged with robbery, murder and rape after Jesse and her oupa were found strangled to death after a robbery at their Parow flat in August 2019.
Van Boven’s claims that he was choked and beaten by police officers have turned the case into a trial within a trial as Judge Judith Cloete must now decide whether his confession to cops is admissible or not.
Responding to questions by state prosecutor Emily van Wyk, Van Boven claimed that he did not tell the magistrate at Wynberg Magistrates’ Court that he was injured because he feared they would send him back to Macassar Police Station and not Pollsmoor Prison.
In a dispute between his testimony and that of investigating officer Lieutenant-Colonel Adrian Pretorius, that he was taken to Pollsmoor after his first appearance in Wynberg on a separate case, Van Boven said he had requested the prison records to prove his case.
According to his version of events, his first appearance was on 15 November in Wynberg court on a rape charge of a Hanover Park teenager, and he was only taken to Pollsmoor three days later.
In the dispute relating to which day he appeared in court for the murders of Jesse and Chris, a J50 warrant proved he was only arrested for this case on 20 November and therefore could not have appeared in court on 19 November as stated by the state prosecutor.
“I asked them for the records but they said the protocol is that my advocate must fetch it,” the accused said.
It was noted that the occurrence book at Macassar did not indicate Van Boven was there after 15 November, but he said prison records will show that he was treated for injuries after arriving there on 18 November; he was given “pynpille and sterk salf”.
Van Wyk put it to Van Boven that it was untrue that he was assaulted by cops.
But he shook his head and insisted: “Mevrou, you don’t know what happened at Macassar Police Station so you will say that to the court, but what I went through I don’t think anyone would survive.”
The judge ruled that the records be brought to court on Wednesday and after arguments, she will make a ruling on whether the confession will be admitted or not.