The Kimberley Prospector

The defence in the murder trial argued that the crime scene was contaminated following the fatal shooting of Kimberley businessman Jayson Afrique and the attempted murder of his wife, Micayla.

THE DEFENCE in the murder trial argued that the crime scene was contaminated following the fatal shooting of Kimberley businessman Jayson Afrique and the attempted murder of his wife, Micayla.

A bail application based on new facts was brought for the accused, John-Ross Crossbery Henderson, in the Kimberley Magistrate’s Court on Thursday.

According to the charges, 10 shots were fired on the passenger side of the couple’s vehicle by a shooter who was standing in the driveway of their home in New Park on July 31.

Henderson’s legal representative, Herholdt Robertson, submitted as evidence a sketch of the crime scene that was drawn by his client.

He stated that Henderson arrived at the scene after being alerted about the shooting incident.

“The crime scene was not cordoned off with police tape and could have been contaminated. My client found other witnesses and vehicles on the scene,” said Robertson.

He added that, according to a SAPS media release, the shooting occurred at 9pm, while the investigating officer indicated that shots were fired at 8.40pm.

“The father of the deceased’s wife was the first person on the scene. He reportedly arrived on the scene at 8.43pm. My client’s cellphone was found on the scene at 8.30pm.”

Robertson questioned whether hot dog containers and a Coke bottle that were found next to the vehicle had been sent for DNA analysis.

He also requested to be allowed to inspect the vehicle.

“The State will not be able to rely on ballistic reports if the vehicle was already repaired, as crucial evidence cannot be tested. The shell casings that were found on the scene were fired from a .9mm pistol while the firearm that was confiscated from my client is also a .9mm pistol.

“However, the weapon of the shooter has not been retrieved. While it is common practice to search the home and business premises of an accused, no search warrant was obtained for this purpose,” Robertson said.

He indicated that some shots were also fired from inside the bakkie, while the dash cam appeared to have been removed.

“The vehicle was never booked in at the police yard and was released shortly after the incident.”

Robertson pointed out that the vehicle seats should have been tested for gun residue.

“There was a lot of blood on the seats. We want to establish if shots were fired at the windows and windscreen and what footage was recorded on the dashboard cameras.”

He also questioned the progress made in apprehending a second potential suspect.

State prosecutor Kago Barnett argued that the evidence presented by the defence failed to meet the requirements to justify the accused’s release from custody.

She stated that the accused had denied knowledge of the identity of State witnesses in his first bail application.

“It has now been disclosed that he knew what car the complainant was driving as well as the whereabouts of the vehicle. He knows for what purpose the vehicle is being used and had someone to assess the vehicle at the panel beaters.

“He also initially claimed that he was never at the crime scene. Is this an alteration of his evidence or is the court being misled?”

Barnett added that approximate times were used by the State to establish a sequence of events.

She believed that the investigation could be interfered with if Henderson was released on bail.

The matter is continuing before Magistrate Brits.

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