Kirsten Kluyts murder-accused stays in jail

A 21-year-old student charged with the murder of Johannesburg teacher Kirsten Kluyts will remain behind bars as the state awaits DNA results to determine if the 14-week pregnant woman was raped before her death.

This emerged yesterday during his bail application bid at the Alexandra Magistrate’s Court, which was denied by Magistrate Syta Prinsloo on the basis that he had been a danger to women and society.

Charges of premeditated murder, robbery with aggravating circumstances and rape

The student also did not provide exceptional circumstances for his release on bail. He cannot be named as he is facing a charge of rape. He also faces charges of premeditated murder, robbery with aggravating circumstances and rape.

“The court is of the opinion that the state has established the prima facie case for robbery with aggravating circumstances. Considering the charge of rape, the post-mortem report indicated no obvious injuries,” Prinsloo said.

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“The evidence before the court is that Kirsten Kluyts was 14 weeks pregnant, suggesting sexual activity.

“The court is of the opinion that the absence of external injuries does not exclude rape. DNA was collected from the body and the state awaits results.

“In the absence of DNA results, this court is of the opinion that the state has not proven a prima facie case on the charge of rape,” ruled Prinsloo.

The student was arrested for the murder in November

Kluyts’ body was discovered at George Lea Park in Parkmore Kirsten Kluyts murder-accused stays in jail in October. The student was arrested for the murder in November. This was after video footage showed him in the vicinity of the park and captured him wearing the T-shirt of the deceased.

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During cross-examination proceedings, the Varsity College student said he found Kluyts’ body and turned her from her side to establish a pulse, which would tell if she had been alive.

After he realised she was dead, he took off her clothes, including running shoes, sunglasses, pants and a pink cap to avoid leaving his fingerprints. He later disposed of her belongings.

But Prinsloo poured cold water on his version of events.

“The court is of the opinion that the applicant took deliberate measures for protection, eliminating any evidence that could incriminate him,” she said.

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Although the student did not flee the province or country after the incident, Prinsloo suggested that he possibly remained in the province as he believed evidence leading to him was destroyed.

“After thorough consideration, and 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,” she said.

The student was visibly shaken

Following the judgment, the student was visibly shaken as he shook hands with his father while walking back to the holding cells.

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The defence intends to appeal the ruling.

The case has been postponed to 19 January next year.