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No murder case after two farmers are killed

The police docket was incomplete

BARBERTON – A dark cloud has been hanging over the town since the shooting of a well-known and much-loved local farmer and his manager on Tuesday.

Luke von Johnston (66) and John Ntimane (73) were gunned down. Sources say the autopsy showed Luke had a gunshot to the head, and numerous others to his body. John was shot in the back of the head. Police were unable to confirm this, as they claimed the post-mortem had not yet been completed.

Police spokesman Sgt Gerald Sedibe confirmed that the shooting happened at around 11:30 at the gate of Boondock’s Farm in Low’s Creek.

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Sedibe initially confirmed on Tuesday that a man had handed himself over to police shortly after the incident. He claimed that he had been attacked by the victims.

Luke’s neighbour, Mark Norris (39), spent the night in police custody and arrived, after a visit to a doctor, at the Barberton Magistrate’s Court in the back of a police van on Wednesday morning. He was escorted into the holding cells. Norris was released without appearing in court or being charged.

The National Prosecuting Authority’s spokesman, Monica Nyuswa explained that the control prosecutor, Patrick Makhubela and senior public prosecutor, Elize Oosthuizen, for the Barberton Magistrate’s Court, were handed the docket.

They perused the docket and found there was no prima facie case. Accordingly they sent the docket back to the police for further investigation. Nyuswa confirmed that the police docket was incomplete.

Luke’s life partner, Breghi Hemphill, was too traumatised to speak to Lowvelder. His godson, Ashley Boag said they would take the matter further, and might request a private prosecutor to help them with the case.

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“I cannot understand how the docket could not have had enough information, as the day it happened there were forensic police here and all the high-ranking SAPS officials too. The forensic police told us there was direct evidence against him.”

Sedibe could not confirm or deny that the investigation lacked substantial evidence. He confirmed that a nine-millimetre pistol was used in the shooting and had been sent for ballistic testing. The police were awaiting these reports.

Lowvelder tried to contact provincial police commissioner, Lt Gen Mondli Zuma, for an explanation. He was not available for comment.

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