There were loud cheers in the Western Cape High Court on Monday as the court convicted David van Boven for the brutal murder of UWC student Jesse Hess and her oupa Chris Lategan.
After a lengthy trial, Judge Judith Cloete did not mince her words when she called Van Boven out for his liegstories and short fuse, while exonerating his co-accused Tasliem “Boontjie” Ambrose as only an accessory to the horrendous crime.
Judge Cloete said the state did not prove common purpose as only Van Boven knew the location of the Parow flat and what valuables were inside.
“Accused 2 [Boontjie] unwittingly got caught up in the events that rapidly unfolded around him and in all probability had no intent to rob the victims,” she said.
The deaths of Jesse and her oupa sparked an outcry when their bodies were found after a house robbery on 30 August 2019.
Both had been strangled to death, while the state revealed that Jesse had also been raped.
Van Boven, an alleged member of the 28s gang, was nabbed several months later after he was identified as the suspect who raped a 16-year-old girl in Hanover Park.
He went on the run and was found hiding in Struisbaai.
Boontjie was arrested several days later and turned on Van Boven to piemp him.
During the explosive trial, cops revealed the horrific contents of their warning statements and confessions, despite both men pleading not guilty.
The matter was plunged into a trial within a trial after Van Boven claimed he was moered by Metro Police into making a confession, and he petitioned the court to not admit it as evidence but Cloete ruled against this.
Monday, Cloete slammed Van Boven as a liegbek, and said while many assumed that his threats to the media went unnoticed, she had observed his behaviour over the two-week trial period.
“It is fair to say that Accused 1 revealed himself as arrogant, aggressive with poor impulse control and flies into a temper when he does not get his way.
“He sat smirking and appeared to enjoy the attention from the press. Accused 2 was the opposite. Accused 1 is clearly intelligent,” said Cloete.
She called him a “proven liar” who changed his story multiple times during the trial each time he was cornered.
Cloete found Van Boven guilty on both murder charges, sexual assault, two counts of robbery and one count of fraud while Boontjie was only found guilty of being an accessory to the robberies.
Speaking outside Court, Lategan’s granddaughter Megan Smith said: “We are very relieved, it’s been a long two-and-a-half years and a tedious process at some point. We are relieved that justice has been served.
“I found [Van Boven’s behaviour] offensive. Not once did he show remorse and he took pride when pertinent details of the crime (was revealed) and showed us he was proud.”
Speaking on behalf of Jesse’s family, Pastor Deon Thole applauded Cloete’s verdict, saying: “Well done to the judge and all those that have supported both families. It does not bring them back but finally there is a sense of peace and relief. The families can move on.
“I want to commend the judge, even for the fact that she gave him the due respect even though he does not deserve it”.
Sentencing has been set down for 7 June.
dailyvoice@inl.co.za