Murder trial stalled over missing DNA exhibit

THE STATE is prepared to withdraw a charge of defeating the ends of justice against a murder accused if a missing bag of evidence sent to a forensic laboratory is not recovered.

The defence for Butiki Simon Maboitshege previously asked that the matter be struck off the roll due to outstanding DNA results.

Maboitshege appeared in the Northern Cape High Court this week, facing charges of murder and defeating the ends of justice after allegedly killing his partner, Marly Nero, in Warrenton on February 27, 2024.

It is alleged that the couple had visited a tavern in Ikhutseng on the night of February 26, 2024, and later had an altercation at their home, where Nero was reportedly heard screaming for help. Her naked body was discovered on the bed the next morning, showing signs of blunt force trauma.

Maboitshege has claimed that someone else was responsible for the murder and had burned the clothes she was wearing that night.

State advocate Elmari Kruger said a chain statement had been received from the forensic laboratory in Cape Town, confirming that the serial and seal numbers of the exhibit had not been tampered with. However, a second chain statement from the forensic lab in Pretoria is still outstanding.“The warrant officer who was in control of the missing exhibit bag, which contains a piece of material, still needs to sign the statement,” she said.

Kruger added that the State could proceed with the trial without the missing exhibit. 

“The exhibit has been missing for some time and I do not foresee it being retrieved. If necessary, the State will withdraw the charge of defeating the ends of justice. The State has withdrawn the application to re-take DNA samples from the accused as the DNA results have been captured on the system.”  

She noted that the pathologist, who was scheduled to testify, was unavailable as she is giving evidence in another matter in Gqeberha this week.

The legal representative for the accused, Heinrich Steynberg, raised concerns about numerous delays in the matter, stating that the case had been transferred to the Northern Cape High Court before the investigation had been completed.

“To this day, the DNA is still missing, and information and exhibits are still outstanding,” he said.

Deputy Judge President Violet Phatsoane recommended that a pre-trial conference be held to address further delays.