Security concerns arise in Henderson trial
WHILE security company director John-Ross Crosseby Henderson, 38, intends to appeal the court's refusal to grant him bail, concerns have arisen regarding his safety and that of his family, who have reportedly received death threats.
His family claims to have credible information about a possible hired shooting if he is released from custody.
Henderson has until October 18 to appeal the outcome of his bail hearing. He faces charges for the murder of Kimberley businessman Jayson Afrique and the attempted murder of his wife, Micayla Afrique.
On July 31, 10 shots were fired at the passenger side of their vehicle by a shooter who was apparently standing in the driveway of their home in New Park. Jayson was fatally shot in the head and body while trying to shield Micayla from the bullets. Authorities have not ruled out the possibility that Micayla could have been the intended target.
Judgment on the bail application was interrupted midway on October 3 when SAPS members from the Tactical Response Team and the Public Order Police searched all persons inside the courtroom.
A court manager requested everyone in the gallery to vacate the courtroom due to malfunctioning metal detectors at the Kimberley Magistrate’s Court.
Tensions escalated as supporters of the deceased accused Henderson of provoking them with stares and gestures while in the dock. They also expressed fears that his potential release could create an “atmosphere of hostility and heightened anxiety”.
A near-scuffle erupted as police searched the premises, and supporters cheered when Henderson’s bail was denied.
Kimberley Magistrate G Plaatje noted that while a cellphone found at the scene was the only evidence linking Henderson, no other fingerprints were lifted from the cellphone.
She expressed concern for the safety of witnesses, stating that releasing Henderson would not serve the interests of justice.
“The identity of the witness is known to the accused. He was found in possession of a firearm at the time of his arrest. There is a likelihood that if he is released on bail the safety of witnesses might be endangered. The State has a prima facie case against the accused.”
Plaatje added that Henderson knew the witness’s vehicle and registration number.
She postponed the matter until November 25.
Meanwhile, Ross Henderson, John-Ross's father, stated that he had decided against filing criminal charges after an individual pointed a gun at him while his son was appearing in court.
“I do not wish to aggravate the situation and have accepted his apology for his actions. Let the law take its course - my son’s guilt should not be pre-empted. He also has the right to be presumed innocent until proven guilty. My son was threatened that he would ‘rot in jail for a long time’.”
He added that the entire Henderson family was being unfairly blamed for issues that should be addressed in court.
“I can assure the public at large that the only people who might have a personal problem with me are those whom I have exposed for corrupt and unlawful acts.
“I sympathise with the bereaved family but call upon everyone not to stir up emotions. However, I will not be intimidated or tolerate threats against myself or my family.”
He added that he had had to intervene to prevent an “all-out war” after his son’s supporters threatened to “deal with the situation” in the event that John-Ross was harmed.
“The situation could have spiralled out of control. During the bail judgment, I was called out by the police to calm the situation. I had to use my influence and authority to restrain members of the civic movement to prevent them from taking the law into their own hands, where matters would have become very nasty.”
He mentioned that only 13 out of 124 employees at his son's company, CapitalGuard Security, remain employed following his arrest.
“Scare tactics were used, with his clients being told that he would be given a long sentence - before the commencement of the trial.”
He expressed suspicions that someone had switched off the metal detectors at the Kimberley Magistrate’s Court on October 3.
SAPS provincial spokesperson Lieutenant-Colonel Sergio Kock stated that no death plots had been reported to the police.
The chief provincial director of communication management at the Department of Justice and Constitutional Development, Kgalalelo Masibi, also indicated that she was unaware of any potential threats against the accused.
She also assured that no foul play was suspected as the metal detectors were in working order.
“Previous court appearances in this matter have been peaceful and no incidents were reported. However, we took a proactive approach by deploying additional security and the Tactical Response Team (TRT) was on site before the court case started.”
Masibi stated that the courtroom was cleared and searched by the TRT officials.
“No complaints were received directly by the department on the day.”