Mur­der ac­cused in dock

Donile’s ev­i­dence con­tra­dicts wit­ness’s

Talk of the Town - - Front Page - ROB KNOWLES

The case of Tonny Donile, who is ac­cused of mur­der­ing lo­cal busi­ness­man Noel Mad­docks in Au­gust 2016, con­tin­ued in the Port Al­fred Re­gional Court on Mon­day and Tues­day, while the Mad­docks fam­ily and friends had to en­dure an­other ver­sion of what hap­pened on that fate­ful night.

Donile has been charged with two counts of mur­der, the first re­lat­ing to the death of an al­leged rob­ber at Donile’s tav­ern in Runeli Drive in Ne­mato in 2010, along with the Mad­docks mur­der.

On Tues­day a blood splat­ter ex­pert was re-called to the stand to give tes­ti­mony re­gard­ing the blood found at the scene.

How­ever, be­cause of the many un­known vari­ables, he said there was no way of pre­cisely pin­point­ing the events of that night from the ev­i­dence pro­vided.

As the case con­tin­ued into Tues­day the prose­cu­tion, led by at­tor­ney Jo­han Carstens, com­pleted pre­sent­ing its ev­i­dence and it was then the turn of de­fence ad­vo­cate Mark Botha to call Donile to the stand.

De­scrib­ing the scene at the first mur­der, Donile ex­plained in de­tail what had oc­curred and said he had ex­changed blows af­ter con­fronting the vic­tim, and that he had not been de­tained by po­lice at the time who, he told the court, had said that the vic­tim was a known rob­ber in the area.

As for the Mad­docks case, Donile’s ver­sion of events con­tra­dicted the tes­ti­mony heard from his for­mer girl­friend, Pia Roser, the only other wit­ness on that night.

Donile said he and Roser were still in a re­la­tion­ship at the time and that he was still liv­ing at the Al­fred Road home, con­tra­dict­ing Roser’s tes­ti­mony. He said he had left his tav­ern af­ter mid­night and, af­ter making his rounds, went home with his friend, a Stemela, who lived in the ron­davel on the same prop­erty.

On at­tempt­ing to en­ter the kitchen door to the house he found it was blocked, which he be­lieved at the time might have been a dog ly­ing be­hind it. He said he had put his hand around the par­tially open door and, at that point, had felt a “pinch” on his left hand which he later re­alised was a stab wound. He said he called out his name and a male voice, later iden­ti­fied as Mad­docks, had told him to, “F**k off”.

Af­ter a short ex­change of in­sults Donile said he had man­aged to get the door open and then saw a “naked white man” bran­dish­ing a knife that he was pass­ing from hand to hand in a threat­en­ing man­ner. He said he had be­lieved this stranger might be the boyfriend of a house­mate, Tessa, who was, at that time, tak­ing a break with friends at Riet River.

“I asked him, ‘why stab me?’ I live here’,” said Donile, adding that this was when the scuf­fle be­gan and he de­manded to know who his at­tacker was.

“I’m your f**king night­mare,” Mad­docks al­legedly told him. Donile said that he then grabbed the knife by the blade with his right hand and man­aged to turn it around and slash Mad­docks just be­low the chest. As the fight­ing con­tin­ued, Donile said he man­aged to force the knife into Mad­docks’ right side and trip him, caus­ing him to fall to the ground. Donile then con­fessed to tramp­ing on Mad­dock’s head be­fore leav­ing him there in the kitchen to find Roser, who he was now con­cerned about.

He said he found her still in bed and asleep, which he said was un­usual as she was a light sleeper.

Ac­cord­ing to Donile, that was when Mad­docks reap­peared at the bed­room door and at this point Roser was awake and stood at the end of the bed, afraid at what was hap­pen­ing. An­other fight broke out and Roser leapt from the bed, knock­ing over items on top of a set of draw­ers. “I’m sorry,” Roser al­legedly said by way of an apol­ogy to Donile.

Donile then walked through the lounge, and via the kitchen to his friend’s ron­davel where he wrapped his bleed­ing hand in a cloth and headed off to a nearby po­lice sta­tion. On his way there, he said he de­cided to call a de­tec­tive friend and meet him at the BP sta­tion at the top of Al­bany Road. That was when he waved down a po­lice van he had er­ro­neously as­sumed was his friend coming to col­lect him, and he was ar­rested.

When asked why he had told the doc­tor who had ex­am­ined him in jail that he had caused the in­jury to his hand while in­car­cer­ated, Donile said that this doc­tor was ly­ing. When Botha asked him why Roser had tes­ti­fied that they were no longer a cou­ple at the time of the in­ci­dent Donile replied that she had been ly­ing. When asked how Mad­docks had re­ceived so many more stab wounds than he had con­fessed to, Donile said he had no idea.

In or­der to ex­am­ine the tes­ti­mony and tran­scripts, mag­is­trate Louis Muller post­poned the case un­til Septem­ber 18 when tes­ti­mony will re­sume.

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