Putter and co-accused walk free
All three accused linked to the murder of Lwandile Mampofu walked free.
IN the case dubbed the ‘Cigarette murder trial’ Jakes Putter (33) and his co-accused Douw van der Walt (33) and Carel Volschenk (49) from Margate were found not guilty and acquitted of all charges linked to the murder of Margate pub patron Lwandile Mampofu on August 14, 2011. They were also acquitted of any intention to do grievous bodily harm.
At the end of the state’s case Judge Jerome Mnguni granted the men an acquittal, allowing them to walk free from the Ramsgate High Court on Tuesday this week.
“In light of the poor quality of the evidence presented before court, all the accused are given the benefit of the doubt and are found not guilty,” said Judge Mnguni.
Mampofu died on August 14, 2011 after a bar brawl.
Last month, accused Petrus Opperman (47), was charged with intent to do grievous bodily harm, entered into a plea agreement and was given a R10 000 fine.
Mr Putter and Mr van der Walt were represented by defence advocate Shane Matthews and attorney Asif Latib.
Judge Mnguni agreed with advocate Matthews that there were ‘different versions’ given by state witnesses who had given evidence about the altercation that occurred between Mampofu and Mr Putter inside the Lighthouse Pub.
“The state’s case actually destroys itself and each version knocks the previous one down,” said advocate Matthews.
Advocate Matthews said it had put state advocate Korne Radyn in a difficult position.
“Fingers are always pointed at the judiciary for not bringing criminals to book, but then my learned friend (Mr Radyn) is given this type of evidence and he had to lead the court with what was placed before him,” he said.
“The state never raised a case against the accused… and they are entitled to be acquitted”.
“If I was the deceased’s family, I would be fed up and upset about how the police investigated this case.”
Judge Mnguni questioned the credibility of the witnesses, as he found the versions of the eight witnesses differed, each telling a different tale.
Speaking outside the courtroom, a relieved Mr Putter said: “Justice had been served and that we serve a mighty God. God knows the truth. We knew it was a personal vendetta rather than a murder charge from the state’s side.”
