I was framed – murder accused

JOHN-ROSS Crossbery Henderson, 38, the director of CapitalGuard Security and a former police constable, claims he was framed for the murder of Kimberley businessman Jayson Afrique and the attempted murder of Afrique’s wife, Micayla.

The weapon used in the shooting has not yet been recovered. However, fingerprints found on a cellphone at the crime scene were positively matched to those of the accused.

On the night of the incident, Henderson reported his cellphone stolen about an hour and a half after the shooting occurred.

Jayson Afrique was fatally shot four times - in the head and body - at around 8.30pm on July 31, as he entered the driveway of his home in New Park. Micayla sustained facial bruises as her husband shielded her from 10 bullets fired at their vehicle after they returned from having visited her parents.

The investigating officer (IO), Sergeant Bernard Sebogilwe, testified in the Kimberley Magistrate's Court this week that the theft of Henderson’s cellphone appeared to be “staged”.

“Following the incident, Henderson drove to the Engen garage on the N12 road in a bakkie, where he dropped someone off,” said Sebogilwe.

He added that video footage obtained from the petrol station showed a male person opening the passenger door of the bakkie and taking out a bag. “This person is considered as being a possible second suspect.”

Sebogilwe stated that on August 1, Henderson had reported his cellphone as lost on July 31 at 10.06pm.

“Henderson went into hiding and was arrested at the petrol station on September 20 after forensic evidence was obtained linking him to the crime. Evidence obtained on the crime scene including projectiles, cartridges, clothing, a cellphone cover and cigarette butts were sent for DNA testing.”

Sebogilwe believed that Henderson’s life would be in danger if he were released on bail.

“A petition with 2,226 signatures is calling for justice for the deceased and is urging for bail to be denied. Micayla lives in constant fear of being attacked and has gone into hiding. She is being denied her freedom of movement and is severely traumatised. She suffers from panic attacks following the incident and is receiving psychological treatment. She does not know what the motive was for the shooting.”

The IO pointed out that it was difficult to identify the shooter standing in the driveway as it was dark at the time.

“Gunshots were fired as the deceased reversed his vehicle when the man who was blocking the entrance of the complex failed to move after he hooted at him,” said Sebogilwe.

“The vehicle was released after ballistic tests were done, as it was needed for work purposes. The owners were advised not to sell the vehicle.”

He added that a decision had to be made regarding whether charges against Henderson, who was implicated in an armed robbery that took place in Corless Road in Galeshewe in 2017, following the death of a magistrate, should be reinstated. Henderson was employed by the SAPS at the time of the incident.

Henderson’s legal representative, advocate Celeste Nameka, argued that the State's case is based solely on a cellphone and a single eyewitness. She alleged there was a vendetta against her client.

Nameka submitted as evidence, an affidavit signed by an arrested person, Rozaria Mojaki, who in 2017 stated that he was intimidated and assaulted by a Colonel Brouwers. “He reported that he was forced to write a statement implicating Henderson in the armed robbery in Corless Road, where they “were targeting him and they wanted him as the ‘glamour boy’,” she said.

Nameka pointed out that the investigating officer, as well as his commander (Brouwers), were both involved in the investigation of the armed robbery as well as Afrique’s murder.

She also questioned why Micayla Afrique’s first point of call, following the shooting incident, was her father and not the police or paramedics.

“Her father was the first person on the scene and later personnel from the guarding company. Evidence could have been tampered with on the scene during the time lapse before the police arrived.”

Nameka stated that the defence was unable to conduct its own ballistic investigations, as the vehicle had been repaired before the trial had started. “The vehicle is currently parked at the panel beaters.”

She added that her client would not have carried a licensed firearm on him, which he used for his work, if he wished to evade arrest.

Magistrate GS Plaatje is expected to rule on the bail application today.