Marchlands murder trial postponed for the umpteenth time

The accused in the Marchlands murder trial will spend another couple of months as trial-awaiting prisoners, whilst Sue’s closest friends will have to wait the same amount of time to hear the outcome of the trial that has been dragging on for several years.

Three men, Yika bothers Nkosinathi and William, as well as Lucas Makua, were arrested and charged after Sue and her husband Robert Lynn were attacked on their farm Marchlands near Dullstroom in 2017.

Sue was murdered whilst Robert escaped with his life after a bullet intending to end him, lodged in his neck, missing vital organs.

The murder made international news and shone a spotlight on farm murders in South Africa. In stark contrast, the trial has been quietly taking its course with not much media attention.

A handful of Sue’s close friends attend every court date. Always hopeful that the end is in sight and they will finally be able to put the awful events that stole their friend’s life, behind them.

Robert has since moved back to Ireland. He flew back to testify, facing his alleged attackers in court, but has since not been able to attend any court dates thanks to travel bans imposed by the Covid-19 pandemic.

Also read: (Update): Lone survivor of farm attack speaks about horror night

Progress in the matter was delivered several blows and delays:

• Firstly, the docket had to be recompiled after it was destroyed in a fire at the Dullstroom Detective Unit. It is alleged that the docket contained confessions made by all three accused before it was destroyed.

The alleged written confessions were destroyed, and the Yika brothers have since denied ever making any such confessions out of free will. Photos of a pointing out session, that was already loaded onto a central server, could be recompiled.

• The Yika brothers denied guilt at the start of the trial whilst Makua indicated that he was going to plead guilty.

Judge Lineo Liphoto rejected Makua’s guilty plea because she was not satisfied that he admitted to all the elements of the crimes he admitted to.

When the state wanted to proceed with evidence regarding the pointing out, the Yika brothers requested a trial within a trial, alleging that the pointing out was beaten out of them. Judge Liphoto ruled that police evidence be admitted.

State prosecutor advocate Eric Sihlangu later asked the evidence given during the trial within a trial be admitted as evidence in the main trial. The Yika brothers opted not to testify in their own defence.

• The matter had to be postponed on several occasions due to Covid-19 related issues. Once because Prosecutor Sihlangu fell ill with Covid-19, and on another occasion on the insistence of Judge Liphoto to sanitise the courtroom. Court dates were also missed because of protest action by the Breyten community, making the court building inaccessible.

Also read: Five arrested for Dullstroom murder

• The trial also had to be moved from Breyten to Hendrina because of faulty recording equipment in the Breyten court.

During the previous court appearance, the court was informed that Makua has since passed away in custody. The state told the court that they are still awaiting a post mortem report but that it was indicated that Makua passed away of natural causes.

On Thursday, the court heard that the defence was not ready to proceed because the Yika’s attorney had not prepared his heads of argument, because he did not have ‘a network’ and could thus not do research to prepare.

Judge Liphoto explained that the court has no other choice but to postpone the trial yet again, this time until December, and back in the Breyten Magistrate’s Court, as she cannot proceed without both parties’ heads of arguments.

More on the Marchlands murder:

(Update): “Don’t be afraid my darling…” – The horror of a farm attack

Video – Dullstroom murder: Tribute to Sue in the pouring rain

Dullstroom farm attack trial postponed

Murder trial postponed – again

Sue Howarth murder trial postponed