Cape Town - An application to be discharged, brought by a man accused of killing his ex-wife, was refused by Judge Rosheni Allie with a finding that the evidence given by the State thus far indicated there was a case.
Ashley October and his lawyer Dorian van Zyl will now have to prepare a defence to what Judge Allie described as “bits and pieces of evidence which on their own may not incriminate or point to any case but when looked at the conspectus of them all, do indeed in my view, make out a case for accused number 2 (October) to meet”.
October is charged with seven counts alongside Tashwell van der Rhede for killing his ex-wife, Charlene October, and tampering with evidence to make it look like a suicide.
Following October’s unsuccessful attempt at being discharged, Van der Rhede took the stand to testify in his own defence.
While being questioned by his lawyer, advocate Omar Arend, he testified that he was employed by October to do thatch roofing and sell fish, but didn’t work with the other two witnesses, who said in court that they were approached by October to kill Charlene.
He said on July 11, 2021, after returning from Struisbaai to sell fish for October, the two of them had a discussion about an arrangement to kill Charlene.
“I went outside and spoke to accused 2 (October) and he said words to the effect that ‘tonight we’re killing this thing’,” Van der Rhede said calmly.
In Van der Rhede’s version, October offered him money to help him but he declined the offer.
October then offered him an opportunity to ransack the tuckshop owned by October and take whatever he wanted from it while October would do the deed himself.
“I told him ‘Ashley, leave this thing, I don’t want to be involved in such things, I have never killed a person before’,” Van der Rhede said.
He said he thought about the offer and considered it because he was desperately in need.
October then gave him a key that he later used to get into the tuckshop.
The 32-year-old said that night he set his alarm for 11.30pm and later met with October at an open area a few streets away from where October lived.
He said they went to Charlene’s house, where they entered through a side window.
He proceeded to the tuckshop, while October stayed in the house.
“He said I must get the grocery items from the shop and leave the place in disarray.
“He said he is going to keep her busy,” Van der Rhede testified.
He said he proceeded to the tuckshop where he packed some items into a box and ransacked the shop.
As he left the shop, he said: “I picked up the box, went up the stairs and I heard the deceased say to accused number 2, ‘get the f*** out of my house’.”
At this point, Van der Rhede said he rushed out of the house to avoid being seen, taking the box of grocery items and hiding it in a bush, where he left the box.
It was Van der Rhede’s version that before he went into the tuckshop, October gave him a cellphone.
He also noticed a cellphone in the tuckshop which he also retrieved.
The pair will be back in court on Monday.