Africa-Press – South-Africa. The Hout Bay basketball coach accused of raping and murdering 12-year-old singing prodigy Sibusiso Dakuse is challenging the police search of his bedroom after he was arrested.
This means his case in the Western Cape High Court moved to a trial within a trial on Thursday to determine whether any items which may have been found during the search can be admitted as evidence.
Minnaar pleaded not guilty to the rape and murder of Sibusiso, who disappeared on 24 February 2020, when he was out playing after school.
Sibusiso was found dead in reeds near a footpath that branched off a horse trail in the fishing village on 26 February.
He lived in Imizamo Yethu, and he and his friends spent carefree days playing in the streets or going to watch the action at the basketball courts and skate park.
Minnaar was a coach with the Hout Bay Snipers.
The State alleges he is the person seen on CCTV wearing a number-7 Snipers sports shirt walking down a horse trail with Sibusiso on the day the young boy disappeared.
The court heard this week that Minnaar helped search for Sibusiso after he was thought to have been the last person seen with him.
He was taken in for questioning when Sibusiso’s body was found, and according to Warrant Officer Phumlani Mpateni, consented to his bedroom being searched.
“He gave us permission to go and take the clothing,” Mpateni testified on Thursday.
This could be a reference to whether the basketball shirt seen on CCTV was found in Minnaar’s room and could be revealed when the judge rules on the legality of the search.
But Minnaar’s lawyer Burger Brand said Minnaar denied consenting to the search.
He said that even if the police got permission from Minnaar’s grandfather, who he lived with, it was not valid.
Brand said that in terms of the Criminal Procedure Act, the police would need direct permission from Minnaar, because the bedroom was his own space as an adult. The only alternative to not getting permission was if a delay would result in defeating the object of the search.
“He did not give permission in any way,” said Brand.
Meanwhile, Mpateni said Minnaar seemed frightened the day he was arrested.
The trial continues.
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