Henderson murder trial transferred to Northern Cape High Court

MURDER accused John-Ross Henderson is expected to appear in the Northern Cape High Court on June 11, while a complaint has also been lodged against the acting judge who declined to grant him bail.

Henderson is charged with the murder of Jayson Afrique, the attempted murder of Afrique's wife, Micayla, as well as defeating the ends of justice.

A hail of bullets was fired at the couple’s vehicle as they approached the driveway of their home in New Park on July 31, 2024.

State advocate Theunis Barnard said the prosecution was ready to transfer the matter to the high court for a pre-trial hearing.

“The date was set by the Judge President,” he stated.

He added that a “deep web” (dark web monitoring) report was still outstanding.

“The ballistic and DNA reports should be available by the pre-trial date,” he said.

The legal representative for Henderson, Herholdt Robertson, requested that the docket be made available to him by May 16, before 1pm.

“I will not have sufficient time to prepare if I only have access to the docket a week before the hearing,” he said.

He objected to another postponement and requested an inquiry into the ongoing delays.

“The matter should rather be struck off the roll. Only my client’s fingerprints were found on his cellphone. There are still three outstanding reports,” he remarked. 

Kimberley Magistrate Maimane Booi noted that undue delays could result in the loss of evidence and could also impact justice for the public and victims.

“I am aware that the accused has a right to a speedy trial,” she said.

She reminded the accused that, if found guilty, he could face a minimum sentence of life imprisonment.

Meanwhile, John-Ross Henderson’s father, Ross Henderson, has laid a grievance against acting Northern Cape High Court Judge Tyuthuza with the Judicial Service Commission (JSC).

He alleged that the acting judge had a "personal vendetta" against him and was "not impartial" when she presided over an appeal to release his son on bail.

John-Ross was denied bail during two applications before the Kimberley Magistrate’s Court and was also unsuccessful when he appealed to the Northern Cape High Court.

Ross stated that, as chairperson of the Northern Cape Civics Organisation and head of its legal unit, he was being targeted for speaking out against corruption in society and government.

“Acting Judge Tyuthuza is known to have a personal problem with me, as she believes that the press statements I make as a civic leader and activist against corruption are aimed at her friends, who hold high positions in politics and government,” he claimed.

He was aggrieved that it was mentioned in her judgment that it was likely he would interfere in the investigation, as he had been involved in the legal fraternity for over 50 years.

“There is no evidence that I would interfere in my son’s investigation,” he said.

Ross attempted to inspect the vehicle that was repaired at a panel beater following the shooting in New Park.

“The vehicle is an important exhibit that should be kept until the finalisation of the criminal trial,” he said.

He refused to disclose the identity of his informants when he testified during his son’s bail hearing regarding repairs made to the vehicle.

He felt that his reputation as a “respected leader in society” had been harmed.

“Whistle-blowers who wish to blow the lid on corruption are now reluctant to approach me, for fear that the court will force me to disclose their identities.” 

Ross further claimed that the acting judge ignored uncontested evidence that his son was “framed” by members of the police.

He submitted that the same colonel who released the vehicle back to its owners following the fatal shooting had coerced and allegedly tortured a co-accused into implicating his son in an alleged business robbery in 2017.

JR Henderson was serving as a police constable at the time of the alleged offence. 

Northern Cape High Court Judge President Pule Tlaletsi was not aware of the complaint against Tyuthuza but stated that the court would respect the processes of the JSC. 

The spokesperson for the Office of the Chief Justice, Judge President Cagney John Musi, added that the complaint would be handled by the judicial conduct committee of the JSC. 

The spokesperson for the JSC, senior advocate Sesi Baloyi, stated that if Henderson had laid a complaint with the JSC, it would go through the normal processes.

“The JSC secretariat will get in touch with him in due course,” she indicated.