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The man charged with the murder and rape of Johannesburg teacher Kirsten Kluyts is challenging the Alexandra Magistrates' Court, questioning why he shouldn’t be granted bail while other accused people are given the chance to be released on bail as they await trial.
He told the court:
The Varsity College student was back on the stand on Tuesday for the resumption of his bail hearing, which has been running for three days.
The 21-year-old faces charges of rape, robbery with aggravating circumstances, and premeditated murder in connection with Kluyts’ brutal murder on 29 October.
READ: Accused insists Kirsten Kluyts was already dead when he found her, stole her clothes
The 34-year-old’s naked body was discovered at George Lea Park in Parkmore, Johannesburg, by participants of the MyRun event at the park, which she was also taking part in.
Kluyts taught at Delta Park High School and the State revealed in court that she was 14 weeks pregnant at the time of her death.
The man accused of her murder was nabbed by police on 29 November after he was seen on CCTV walking out of the park wearing Kluyts’ blue T-shirt and carrying her other clothes that she was wearing on the day of the run.
The accused, who cannot be named until he formally pleads to the charges against him, maintains that he is innocent and that he only stumbled upon the teacher’s body after relieving himself at a nearby bush.
He said he wore her T-shirt and took her clothes – including pants, shoes and a cap – after panicking about his fingerprints being on them.
The suspect further alleged that he touched her body, which he claimed was under a blanket because he wanted to help her. He said he only realised after checking her vital signs that she was already dead.
READ: Court postpones bail hearing of woman accused of killing relative for life insurance cash
While he is yet to formally plead to the charges against him, the accused told the court on Tuesday the only crime he was guilty of was defeating the ends of justice because of the clothes he took.
'I've never committed crime before'
The student said he ran away from the crime scene because Kluyts was a white woman he allegedly found dead, and feared what could happen to him if he got arrested.
He stated:
“And when they asked me to open my phone, I didn't resist anything. They searched my room and all that stuff. I complied with everything because I knew that I didn't commit the crime.
“The only crime that I will admit to is that I did take the clothes and I did take them away… I’m not a criminal and that’s the one thing that’s for sure,” he added.
The student tried to justify his decision to throw away Kluyts’ T-shirt in a rubbish bin and her other clothes in a drain manhole. He said he was not thinking clearly on that day and that’s why he got rid of them in panic.
He said:
However, state prosecutor Ayanda Bakana maintained that the accused should not be released on bail. He said that his release could lead to a public outcry from activist organisations that deal with issues of gender-based violence.
He stated:
With the student facing a schedule six offence, with the onus being on him to show exceptional circumstances on why he should be released on bail, the accused questioned why he should not be set free when he is a first-time offender.
He said:
“It doesn't make sense why you guys wouldn't want to give me bail because, after the whole crime and all of that, I was still in Parkmore for four weeks until you guys got me on the 26th [November]. Why didn't I go somewhere else if I was going to run?” he added.
READ: Prosecution in ANC MP murder accused Sibusiso Kula is ready for trial
'Not a reasonable man'
Bakana maintained that the State would continue to oppose the accused’s bail bid, saying his actions on the day Kluyts was killed were not of a reasonable man.
“A reasonable man will not have acted in the manner that you acted. As such, the State is going to bring an application before this court that you have not shown grounds for you to be released on bail. You are not a fit and proper person. That will be State's argument,” Bakana said.
The bail hearing continues on Wednesday.
