Cape Town – The two men accused of the murder of Charlene October will soon learn their fate as Judge Rosheni Allie listened to final arguments on Monday.
Judge Allie said she was ready to go ahead with the judgment, as she had considered and prepared drafts during their recess.
In final arguments in the Western Cape High Court, State prosecutor Leon Snyman averred that Taswell van der Rheede be found guilty on five of the seven charges he faced, while alleged mastermind killer Ashley October be found guilty on all seven charges levelled against him.
The pair face charges of incitement to rob and murder; conspiracy to rob and murder; housebreaking with intent to rob; and robbery with aggravating circumstances; housebreaking with intent to rob and murder; robbery with aggravating circumstances; murder and attempting to defeat or obstruct the administration of justice.
The pair are accused of murdering Charlene October at her Elim home, and staging the murder as a robbery and suicide.
During the trial, the court heard that Ashley had allegedly been plotting to have his wife murdered since 2011, but had been unsuccessful in previous attempts.
According to the indictment, Ashley – who was divorced from Charlene in 2015 with two children born from their marriage – had incited murder in 2011, “at or near a rubbish dump in Elim in the district of Bredasdorp, unlawfully and intentionally incited, instigated, commanded or procured Ashley Kerr to commit the offence of murder and to unlawfully kill his wife by asking him to kill her by breaking into her house, slitting her throat and stabbing her”.
In closing arguments on Monday, Ashley's lawyer Dorian van Zyl said that Van der Rheede’s evidence which implicated his client, should not be believed as he was “not a credible witness:, who had adjusted his chief testimony and confession.
In the absence of Ashley testifying in defence of his case, Van Zyl said the State had not proved their case beyond reasonable doubt.
Van der Rheede's lawyer Omar Arend submitted that his client was an accessory to the murder and not an accomplice, further adding that the evidence and confession submitted by Van der Rheede should be considered “credible and reliable”.
Cape Times