A lawyer for alleged perlemoen poaching kingpin Julian Brown tore into the state’s case on Monday, claiming the prosecutor had not provided any significant evidence linking him to the charges.
Advocate Terry Price SC accused prosecutor Martin le Roux of relying only on evidence presented by Section 204 witnesses who should all be discredited.
In closing arguments in the Port Elizabeth High Court, Price said the onus was on the state to prove guilt beyond reasonable doubt.
Brown is charged with Brandon Turner and Eugene “Boesman” Victor.
“The onus is not on us to prove the accused’s innocence – since when must we call witnesses?
“I shake my head. The claim that the 204 witnesses are reliable is unbelievable.
“The state does not have direct evidence against [Brown] and is relying only on 204 witnesses whose credibility is questionable.
“The 204 witnesses are all self-confessed criminals,” Price said.
Le Roux told judge Mandela Makaula that the state witnesses were credible and trustworthy.
“[Brown] testifying in his own defence was not a good witness [and] he denies any involvement in any of the charges against him.
“Evidence of [Brown] which contradicts the state’s case must be dismissed,” Le Roux said.
Self-professed international businessman Jonathan Fowke, called as a defence witness, “was an exemplary witness – he can recall what the prosecutor was wearing the day they met, but when it comes to specific dates he contradicts himself”.
“When it came to the crux of the matter he failed and did not take the case any further,” Le Roux said.
The defence did not call any other witnesses and Brown’s co-accused did not take the stand.
Advocate Paul Roelofse, for Victor and Turner, said he did not want to repeat anything that had already been raised during heads of argument.
The matter was postponed to September 18 for judgment.