S v Booysen and Andere (SS60/2002) [2003] ZAWCHC 32 (22 July 2003)

S v Booysen and Andere (SS60/2002) [2003] ZAWCHC 32 (22 July 2003)

The court found that the State presented credible and corroborated evidence placing accused one, two, and three at the scene of the shooting, armed and actively participating in the attack. The identifications were made under good lighting conditions by witnesses familiar with the accused. The alibi defences were rejected as improbable and unsupported by reliable testimony. The court dismissed allegations of a conspiracy among witnesses, finding no credible basis for such claims. Ballistic and forensic evidence further corroborated the presence and actions of the accused. The court concluded that the accused acted with common purpose in committing murder, attempted murder, and unlawful...

Citation
[2003] ZAWCHC 32
Parties
Applicant: The State; Defendant: Michael Booysen; Defendant: Ricardo Wepener; Defendant: Peter Paulsen; Defendant: Mogamat Rafiek Snyders; Defendant: Dino Daniels; Defendant: Keith van der Westhuizen; Defendant: Ricardo de Villiers
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
22 July 2003
Case Number
SS60/2002
Procedural Posture
Criminal Trial / Final Judgment
Outcome
Accused one, two, and three found guilty of murder, attempted murder, and unlawful possession of firearms and ammunition. Accused five and seven acquitted on all charges.
Judges
HJ Erasmus
Legal Topics
Murder, Attempted Murder, Illegal Possession of Firearms, Gang Related Crime, Alibi Defence, Witness Identification
Criminal Law Murder Attempted Murder Illegal Possession of Firearms Gang Related Crime Alibi Defence Witness Identification

Case Brief

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Parties

The State

Applicant

Michael Booysen

Defendant

Ricardo Wepener

Defendant

Peter Paulsen

Defendant

Mogamat Rafiek Snyders

Defendant

Dino Daniels

Defendant

Keith van der Westhuizen

Defendant

Ricardo de Villiers

Defendant

Procedural Posture

Criminal Trial / Final Judgment

Legal Issues

  1. 1 Whether the accused were present and participated in the shooting at Chestnut Place on 21 June 1999.
  2. 2 Whether the accused unlawfully possessed firearms and ammunition as charged under the Arms and Ammunition Act 75 of 1969.
  3. 3 Whether the alibi defences raised by the accused are reasonably possibly true.

Ratio Decidendi

The court found that the State presented credible and corroborated evidence placing accused one, two, and three at the scene of the shooting, armed and actively participating in the attack. The identifications were made under good lighting conditions by witnesses familiar with the accused. The alibi defences were rejected as improbable and unsupported by reliable testimony. The court dismissed allegations of a conspiracy among witnesses, finding no credible basis for such claims. Ballistic and forensic evidence further corroborated the presence and actions of the accused. The court concluded that the accused acted with common purpose in committing murder, attempted murder, and unlawful...

Court Disposition

Accused one, two, and three found guilty of murder, attempted murder, and unlawful possession of firearms and ammunition. Accused five and seven acquitted on all charges.

Orders

  • Accused one is convicted of murder, five counts of attempted murder, and unlawful possession of firearms and ammunition as charged.
  • Accused two is convicted of murder, five counts of attempted murder, and unlawful possession of firearms and ammunition as charged.