DNA and cellphone records still outstanding in Henderson murder trial

THE STATE is still awaiting DNA analysis and cellphone records in the murder trial of John-Ross Crossbery Henderson, who is charged with the murder of Jayson Afrique, the attempted murder of Afrique’s wife, Micayla, and 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.

The matter was transferred to the Northern Cape High Court on June 11, where the State indicated that the outstanding records would take about a month to finalise.

State advocate Theunis Barnard said the cellphone records would include communication between various individuals and the accused.

“These records should be released in one week’s time. Another contact number will be added for investigation,” he stated.

He added that DNA samples had been taken from bullet cartridges and cigarette butts found on the scene.

“The forensic laboratory has been requested to prioritise this matter and we estimate that it should be completed within three weeks’ time.” 

Barnard indicated that the ballistic results had been finalised.

“The photos of the vehicle and report from the panel beaters are contained in the docket.”  

Henderson’s legal representative, Herholdt Robertson, objected to the matter being referred to the Northern Cape High Court while it was not ready to proceed. 

“The State was in breach of a court order to provide the docket by May 16. We have been waiting 12 months for the DNA reports and it is common knowledge that there is a huge backlog,” Robertson argued.

He maintained that both the DNA analysis and cellphone records should have already been made available to the defence.

“The docket is bulky. I need time to prepare and to consult with my client. It is difficult because my client has been languishing behind bars since his arrest in September 2024. There is no privacy at the Correctional Services facility and the office is very small. The warders do not want to leave me alone with my client. I have about two hours to consult with him in the morning. If I go beyond 10am, he will skip lunch.” 

Robertson added that he still wanted to inspect the vehicle that was taken to the panel beaters following the incident. 

“I went there myself but was refused access,” he said.

The Northern Cape High Court Judge President dismissed his grievances as internal matters that he needed to resolve with the Department of Correctional Services.

The matter was postponed until September 22, with the accused to remain in custody.

“Should he be lawfully released, he will be expected to attend all court dates, failing which a warrant will be issued for his arrest.”