The man accused of the rape and murder of Johannesburg teacher Kirsten Kluyts appeared at Alexandra Magistrate's Court on Friday, 29 December. Photo via Facebook
The 21-year-old college student accused of raping and murdering Kirsten Kluyts has been denied bail and will welcome the new year behind bars.
The accused appeared in the Alexandra Magistrate’s Court on Friday where the judgment was handed down.
In its ruling, the court said posed a “danger to society, especially to the women in our community”.
“After thorough consideration, taking into account the applicant’s version and the evidence tendered by the state, the court finds the applicant has not discharged the onus of proving any exceptional circumstances that would, in the interest of justice, permit his release on bail. Therefore, the applicant’s application for bail has been denied”.
The murder accused’s lawyers said he planned to appeal the decision.
The student is facing a schedule 6 offence and has been charged with rape, robbery with aggravating circumstances and premeditated murder.
The court found the state had proven prima facie evidences of premeditated murder and robbery with aggravating circumstances, but not rape.
In his bail application, the state argued that the accused’s testimony did not add up and was not backed up by evidence.
“It is submitted, with respect, that the only reason the accused will be untruthful is because he was the one who inflicted the injuries that led to the victim’s death.”
It said the absence of rape-related injuries doesn’t mean she was not raped.
His lawyer claimed he was beaten in police custody to confess to the murder, and the case against him was weak.
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“The state’s case at the point in time is found wanting. It is groundless. It is clutching at straws. At best it is flogging a dead horse, hoping it will wake up and start to run”.
Kluyts, who was 14 weeks pregnant with a baby boy at the time of her brutal murder on 29 October, was attacked at George Lea Park in Parkmore, Johannesburg, after she took part in the MyRun event.
The 34-year-old’s naked body was found by fellow runners.
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Kluyts’ running shoes, sunglasses, blue T-shirt, pants, and pink cap were taken.
According to the state, Kluyts was struck with a blunt object before she was smothered and strangled.
Her alleged killer was subsequently arrested at his student residence on 26 November after the police obtained video footage from CCTV cameras in the vicinity of Parkmore.
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