21 October 2008
Najwa Petersen should not be on trial for the murder of her musician husband Taliep Petersen because the "real mastermind" is state witness Fahiem Hendricks.
This was the submission made by Petersen's counsel, Johann Engelbrecht SC, in the Cape High Court on Monday.
He argued that the state had failed to prove that Petersen was the mastermind and said that Hendricks, who turned state witness in return for immunity from prosecution, had minimised his role in the murder.
Engelbrecht was presenting his closing argument in the sensational murder trial after a two-month break.
Referring to the more than 200-page written argument he had handed to Justice Siraj Desai, Engelbrecht submitted that the state had failed to prove its case against his client.
Hendricks testified that Petersen had approached him shortly before the December 2006 murder, and asked him to arrange the hit.
She offered to pay R100 000.
Hendricks said he approached Abdoer Raasiet Emjedi, who allegedly recommended Waheed Hassan.
Hassan, in turn, allegedly recruited Jefferson Snyders.
But Engelbrecht argued that the court could not rely on Hendricks's evidence.
He also argued that the State had failed to prove that the cellphone calls between Petersen and Hendricks were to plan the murder.
While he conceded that his client had contacted Hendricks several times during the days leading up to the murder, he said that she contacted him about repayments of a loan she had made to him. Hendricks confirmed that she had lent him money, he added.
Judge Desai asked whether it was "fortuitous" that the contact between them started "on the eve of the murder".
He added that the court could not look at the evidence piecemeal but that it should be evaluated in its totality.
Engelbrecht continued that the State had not presented any evidence to show that Petersen was the one who left the front door of the house and the security gate open so that the intruders could gain access to the premises.
Judge Desai added: "There are 365 days in a year, but on that particular night the door and gate were open And it just happens to be that night."
Engelbrecht responded that there was no evidence to show that the door had been locked before the hitmen arrived and that Petersen was the one who opened it for them.
Desai commented: "But there is logical inference. The court is entitled to draw inferences from objective fact."
Engelbrecht added that everyone assumed that the door would have been locked because Taliep was known to be security conscious.
The public gallery was packed on Monday as trial-followers returned to court.
They stood up to get a better glimpse of Petersen as she entered the dock, wearing a Burberry-styled checked headscarf.
Argument was to continue on Tuesday.
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