Cape Town - Arguments regarding the disputed ancillary notes and video footage of the pointing out of Meghan Cremer’s remains was heard on Thursday by Judge Elizabeth Baartman in the Western Cape High Court.
Jeremy Sias, 29, has been charged with four counts of murder, robbery with aggravating circumstances, theft and defeating the administration of justice for his alleged involvement in Cremer’s murder and attempts at discarding the evidence.
The trial was brought to a halt when the defence disputed notes pertaining to Sias’s pointing out of Cremer’s body along with video footage due to its contents allegedly implicating Sias in the killing of Cremer.
The trial-within-a-trial then commenced regarding the admissibility of this evidence, with Sias claiming that he was assaulted by police officers, was promised a lesser sentence and further forced to speak to police under duress.
State advocate Emily Van Wyk asked the court to accept the State’s evidence which included testimony from detective Xolani Basso and 10 other police officers, who collectively disputed Sias’ version that he was assaulted.
Van Wyk argued that it was highly improbable that police officers would compromise their positions in a matter that received so much media attention.
She said that Basso, who led the investigation and was not accused of harming Sias, did so without any ill feelings towards the accused, he also denied that any promises were made.
Advocate Van Wyk further said that Sias, in his attempts to negotiate with police, tried to withhold information in the hopes that he could use it to his advantage at a later stage.
“Mr Sias claimed that due to the assaults and the promises made he eventually made the pointing out, which in effect means he was unduly influenced. However, when cross-examined he admitted that the body of the deceased was his trump card,” Van Wyk said.
Sias’s lawyer, Mohamed Sibda, said: “Aside from the assaults, Mr Sias was made certain promises by the investigating officer. It was as a result of the assaults and promises made that Mr Sias then elected to do the pointing out of the body of the deceased.
“The utterances made at the time of the actual pointing out, as seen and heard on video footage of the pointing out, as well as utterances made while the notes to the pointing out were filled in, are in dispute, in that they are false and made simply to appease the investigating officer Basso so that he would be inclined to keep his promises as made to Mr Sias,” Sibda argued.
Sias is back in court on Monday for judgment on the trial-within-a-trial.
rafieka.williams@inl.co.za