'Shot' for rabbits

THE case against two men accused of murdering a Botshabelo man on a farm in Verkeerdevlei should be dropped since there's insufficient evidence against them, the Bloemfontein High Court heard yesterday.

Defence attorney Terry Price said Nicolas van Aswegen, accused number one in the trial that began in September 2010, never meant to shoot anyone on March 27 2010 when Jeremiah Botsane was shot dead.

Botsane, 47, was busy hunting rabbits when he was shot and killed.

Price told Judge Sharmin Ibrahim that the accused was shooting dogs that were trespassing on a nearby farm.

"When Van Aswegen was shooting the deceased was out of sight and this clearly indicates the shot was not aimed at him.

"We can safely say that the shots were fired at the dogs, not at the deceased," he argued. He further told the court that there was insufficient evidence against the accused.

Prince also said that some of the witnesses who testified were economical with the truth.

"Witnesses lie every time in court, and the fact that the court does not have substantial evidence before it means the case must be dismissed and my client must be discharged," he said.

Van Aswegen and Louis Maree are accused of murdering Botsane and assaulting his friend, Lechesa Matsie, 20, while they were hunting rabbits on a farm in Verkeerdevlei, Free State.

But the state feels that they have enough evidence to proceed with the trial.

State prosecutor Adam Mohlale said there was strong evidence that the accused was seen firing shots in the direction of the deceased.

"This clearly indicates that his intention was to kill," he said. "We submit that the deceased died as a result of the shooting by the accused."

Mohlale also said the application by the defence for a discharge at this stage should be dismissed.

According to him the accused should take the stand, and "that is the only way they can establish what exactly happened".

The trial continues.