Murder accused found guilty despite DNA bungle

THE NORTHERN Cape High Court has recommended that disciplinary steps be taken against police officers implicated in an apparent DNA bungle, where a bag of forensic evidence also went missing from the SAPS forensic laboratory.

Despite crucial evidence not being collected from a blood-stained stone, the accused, Butiki Maitshobogo, was this week found guilty of murdering his partner, Mardly Nero, in Ikhutseng, Warrenton.

The incident occurred in February 2024, when Nero suffered blunt force injuries to her head and body.

The court heard that the couple had argued at a tavern in Ikhutseng on February 26, 2024. Witnesses testified that they later heard the two fighting at their residence, where Nero was heard screaming for help.

A neighbour, Obakeng Modise, testified that he heard the accused call Nero a “whore whom everyone was having sex with”.

Neighbours discovered her lifeless body on February 27, 2024. She was lying naked on her back on the bed, with her hands crossed and a blanket over her body. She had multiple bruises and abrasions.

Nero’s child, aged between two and three years at the time, was asleep on the bed when the body was discovered.

Acting Northern Cape High Court Judge Stephen Groenewaldt on Wednesday recommended disciplinary action against SAPS officials who failed to preserve forensic evidence, including DNA samples and a burnt piece of material found at the scene.

“It boggles the mind that an experienced and senior officer failed to take a sample of the stone that had blood stains. DNA is a crucial piece of evidence that can either link or eliminate an accused from a crime scene,” said Groenewaldt.

He further advised that steps be taken against the warrant officer at the forensic laboratory who was tasked with securing the evidence bag that later went missing.

He added that according to Maitshobogo’s version of events, he had last seen Nero after going to bed and locking the door. 

“He (Maitshobogo) stated that he woke up and found the deceased missing. He said that he went to look for the deceased at the Sassa offices and later found her on the N12. She was injured and was not able to stand up. He stated that he found her unresponsive the following morning.”

The judge noted that Nero sustained severe internal injuries.

“She was of slight stature. The forensic pathologist indicated that her body was dragged on a gravel or tar road. She had suffered significant injuries and moderate blood loss. A considerable amount of force was applied to her chest, where her ribs were fractured and her left lung collapsed.”

Groenewaldt pointed out that Maitshobogo failed to seek medical assistance for Nero and never reported the assault to the police.

“He indicated that at one stage he had to carry her as she was unable to walk. Instead of taking her for medical attention or calling for help, he merely dried the blood off her face. The accused never asked the deceased who had inflicted the brutal injuries.”

The judge noted that Nero died while lying next to the accused in bed.

“She suffered multiple abrasions and had difficulty breathing as her lung had partially collapsed. She suffered t10 fractured ribs, was bleeding and in pain. Instead of coming to her rescue, the accused did nothing to assist her.” 

Groenewaldt added that Nero was a victim of domestic violence at the hands of her partner, with whom she shared a child.

Maitshobogo is being represented by Heinrich Steynburg, while the State prosecutor is Elmari Kruger.

Sentencing proceedings are continuing.