Three accused, including a mother and son, are awaiting the decision from the Director of Public Prosecutions (DPP) on whether they will face trial in the Wynberg Regional Court or the Western Cape High Court for the murder of 17-year-old Hout Bay learner Amiena Swano.
Amiena was found stuffed inside a cabinet, which had been concealed inside a wheelie bin.
Denroy Pockpas, 36, his mother, Christine Pockpas, 59, and her boyfriend, Ifraam Silver, 49, made their first appearance in the Regional Court Division of the Wynberg Magistrates’ Court on Monday. They face charges of murder and defeating the ends of justice.
The State alleges that Denroy murdered Amiena by strangling her after she visited his home, and that his mother and her boyfriend assisted him in disposing of her body.
It is further alleged that the trio stuffed her body inside a chest-like cupboard before placing it in a wheelie bin. Christine allegedly tried to clean up traces of the teenager’s blood.
Amiena, a Grade 11 learner, disappeared on Valentine’s Day after attending a concert with friends. She had reportedly been experimenting with prescription drugs, including Xanax, and Coca-Cola.
Two weeks after the murder, DNA testing confirmed that the body belonged to the teenager.
Inside court, the magistrate became agitated when the accused were initially unable to indicate whether they would appoint legal aid lawyers.
He asked each accused to spell their names. Accused number three, Silver, had difficulty doing so and initially did not understand what was meant by appointing a legal aid lawyer.
Each accused said they understood Afrikaans and would be applying for legal aid.
The State then informed the court that it was awaiting a decision from the DPP’s office on whether the trial would be heard in the regional court or the high court.
The magistrate became frustrated with the state prosecutor, saying he had not properly explained the case to the court. He began reading from the court papers himself.
“If you do not know about the case, then how will I know?” the magistrate asked. He insisted that it was the State’s duty to inform the court of the details before the matter could proceed.
“The body was decomposing,” the State said.
The magistrate added: “I see they put the body in a dirt bin, and I see count two, defeating the ends of justice. They were hiding the body.
“You cannot put something in front of me and tell me what the case is about.”
The State then said the deceased had been strangled and that the post-mortem report was ready.
The magistrate explained that the matter was not as simple as that, as further issues could arise. He said the court needed to establish in which court forum the DPP would appoint an advocate to prosecute the case.
Outside court, Amiena’s mother, Salama Swano, called for life imprisonment. She said the family was disappointed that the State was not prepared to present the case.
“He was involved with my eldest daughter and she trusted him. She knew him. I do not know what went through his head to do something like this,” Salama said.
“She was attending school and worked to pay for her school fees. She was my breadwinner.
“They just took my baby away.
“Keep them behind bars, not just for 25 years. Let them die there.
“He took her life away. She was 17 years old.
“She was a good girl. She was using ganja (dagga) and Xanax with her friends.
“I do not know if they are a family of criminals. I have no feelings towards them. They can just rot in jail.
“They were not prepared in court today. I was not happy with the way they handled the case.
“They concealed evidence.”
The matter was postponed to October 22 for the DPP’s decision.
