Krugersdorp Murders: Luff wins claim against police for wrongful arrest
The 36-year-old Luff was charged with three counts of premeditated murder and three counts of robbery on 2 June 2016.
Fabian Luff who was once the prime suspect in the #KrugersdorpMurders has finally received justice after being wrongfully accused, arrested and detained four years ago.
The 36-year-old Luff was charged with three counts of premeditated murder and three counts of robbery on 2 June 2016. He had been accused of the murders of Anthony Schofield, Kevin McAlpine and Hanle Lategan who were all strangled and robbed before their bodies were disposed of.
He explained that he clearly remembered the day he was arrested.
“I just kept shouting my mom’s phone number in the hopes that someone would phone her and tell her what was happening,” he said.
Police kept Luff in the holding cell for days and nights where he underwent continuous and sometimes borderline questionable interrogation.
Five people would later be charged and convicted for committing not only the three murders Luff was accused of, of but eight others as well.
They were members of a group who called themselves the Electus Per Deus, meaning ‘chosen by God’. Le Roux Steyn turned state witness and accepted a plea deal. Marinda Steyn, the mother of the Le Roux and Marcel, pleaded guilty for her part in the murders. Marcel stood trial with her co-accused Zak Valentine, and the mastermind behind the operations, Cecilia Steyn, and was convicted and sentenced in 2019.
Photo: Supplied.
Luff initially declined bail and said the first time he ever met any of the Electus Per Deus group members was when he appeared in court and met his co-accused, who at the time was Le Roux and Marcel. He met Zak the day he was released from prison and he has never met Cecilia or Marinda.
He explained that after spending almost three months in prison, he was called one day and told that he was free to go. The whole experience has now left him unsociable and he does not like being in big crowds.
Luff and his lawyer, Natasha Brandon, took to the courts with a claim against the police for unlawful arrest and detention.
Brandon explained that this was done on the basis that there were no reasonable grounds to arrest him, and further that the police coerced a confession from another accused implicating Luff, which ultimately resulted in him being detained.
“During the trial, the police testified that they had a confession by a co-accused who implicated Fabian, and that was the reason for the arrest. However, during the trial and from the written confession it was clear that the police did not have the confession when they arrested Fabian,” Brandon said.
She added that Luff was arrested at 3pm on 2 June 2016 and the other accused, Christian Kruger only made the confession on 2 June 2016 at 11pm.
“During the trial, Kruger testified that he was assaulted by various police officers to make the confession and implicate Fabian. From the trial it became evident that the police had no evidence against Fabian at the time when he was arrested,” Brandon said.
Judge Avvakoumides has ruled on Luff’s claim against the police that his arrest and detainment were unlawful. According to the ruling, the police are liable to pay Luff’s proven damages that arose from his unlawful arrest and detention. The police also have to pay Luff’s legal costs.
Luff explained that he just wished the police had listened more when they arrested him. He did not follow the rest of the case after his release.
His mother said she just wanted to tell all the people who commented and asked what kind of parents these kids (Luff and Kruger) have, that they have parents who will fight for their kids.
Luff wants to thank his legal council, Marco Swanepoel and Natasha Brandon for believing in him and fighting for him.
He said he was happy with the judgement, but unfortunately it could never take away the ordeal he had to suffer.
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