Defence berates magistrate in Kluyts murder trial

Proceedings became heated between the defence and the magistrate as the case against the alleged killer of Johannesburg teacher Kirsten Kluyts was postponed.

The accused, who cannot be named until he pleads, made a brief appearance at the Alexandra Magistrate’s Court yesterday.

The defence was expected to launch an appeal application against a judgment which saw the suspect being denied bail in December last year.

The 21-year-old college student is facing charges of rape, robbery with aggravating circumstances and premeditated murder in connection with Kluyts’ death.

In the brief proceedings, state prosecutor Ayanda Bakana told the court that investigations were still being conducted and asked for a postponement.

“There will also be DNA results that are still outstanding,” said Bakana who indicated that the state and defence had agreed to return to court on 10 May.

Magistrate Renier Boshoff then granted the postponement before the accused’s lawyer, advocate Itumeleng Masako, tried to address the court.

“In the interim, we will take this matter on bail appeal,” he said. However, the magistrate interjected, much to Masako’s displeasure. “Mr Boshoff, I have got the right to address the court please,” he said.

But Boshoff would not let Masako continue with his submission. Masako continued: “You know this treatment should come to an end. Let’s be treated like professionals. I request to talk to you. The last time when I was in this court, you dismissed me with utter disrespect.”

He then threatened to report Boshoff to the magistrate’s commission.

“Your conduct is out of order sir, with the greatest respect. You do not have any respect for us as legal practitioners. You cannot go on like this, you must change for the better at least,” he added.

“Sir, listen, this is enough,” said Boshoff.

Kluyts, a teacher at Delta Park High School, was attacked while participating in a MyRun event in Sandton on 29 October 2023.

The 34-year-old’s body was found at George Lea Park in Parkmore following her disappearance.

Her running shoes, sunglasses, blue T-shirt, pants and pink cap were also taken.

According to the affidavit of investigating officer Aubrey Tshisani, Kluyts could have been killed within eight minutes of her arrival for the race.

Kluyts was 14 weeks pregnant at the time of her murder.

A preliminary post-mortem report revealed no visible signs of injury to her genital organs although the court believed that “the absence of external injuries does not exclude rape”.