Africa-Press – South-Africa. The detective in a Netflix film standing at a door debating with a colleague whether to search a suspect’s house without a warrant is a well-worn scene in works of fiction.
But in the case of murdered Hout Bay schoolboy Sibusiso Dakuse, the outcome of a debate over whether informed consent was given for a search could make the difference between key evidence being accepted or rejected.
Sibusiso disappeared on 26 February 2020 and was found raped and murdered two days later in a bed of reeds off a horse trial in the fishing town.
The State contends that CCTV footage retrieved of a child and a man walking on the horse trial and a footpath shows Sibusiso and the accused, Marvin Minnaar.
Minnaar was arrested and has pleaded not guilty.
In the footage, the man is wearing the number 7 basketball shirt of the Hout Bay Snipers, a club popular among the youth of Imizamo Yethu.
In chilling footage, the boy is seen walking with the man, then running away from him, but is then led back by the arm, and they disappear off camera. That is believed to be the last time Sibusiso was seen alive.
On Thursday, the court heard that Minnaar was taken into custody after police found Sibusiso’s body.
According to Warrant Officer Phumlani Mpateni, Minnaar consented to his bedroom being searched shortly after being detained.
Minnaar came onto the police’s radar when it emerged that Sibusiso walked with Minnaar to Clicks and back on the day he disappeared.
“He gave us permission to go and take the clothing,” Mpateni testified on Thursday.
Minnaar’s lawyer Burger Brand strongly disputed this, and before the case could move on to what was found in the search, it moved into a trial within a trial, where Minnaar challenged the claim that he let them search his bedroom.
Mpateni was backed up by colleague Sergeant Vuyolwethu Thimba, who worked with Mpateni in the Crime Information Management and Analysis Centre.
They collect and analyse evidence and information to help solve crimes.
According to Thimba, after he saw the CCTV footage, he went to Minnaar, who was in a police cell, introduced himself and told him that a suspect wearing basketball clothes was seen with the boy.
He asked Minnaar what he was wearing the day Dakuse went missing, and he said basketball clothes.
“I asked him where the clothes were, and he said they were at his home,” said Thimba.
“He agreed to go and fetch the clothes.”
Mpateni, Thimba and Minnaar drove to the house together.
But Brand questioned not only whether Minnaar consented to the search of his room, but whether he knew that he could refuse the search if he wanted to.
Thimba said Minnaar also showed him where his room was when they arrived, and was in a position to refuse the search if he wanted to.
“He didn’t show any signs of refusing,” said Thimba.
The trial within a trial will continue on Monday.
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