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The murder of 21-year-old Mr. Brendin Horner in October 2020 shocked South Africa.
Mr. Horner, a farm manager in the Free State, was brutally killed, sparking protests and national outrage.
The case remains unsolved despite arrests and a high-profile trial, leaving the nation seeking justice and closure.
Col. Luke Enslin and a specialised task force from Specialised Security Services conducted a thorough reinvestigation in 2021, reassessing every aspect of the case. Their review meticulously reassessed every aspect, identifying procedural inaccuracies, overlooked details, and investigative errors that may have occurred. Evidence of negligence, corruption, or obstruction was scrutinised at the crime scene and within the surrounding area. They also investigated whether similar crimes had occurred nearby, conducted a comprehensive risk analysis, and re-evaluated all available information. They hoped to uncover new intelligence that could bring clarity and justice by reviewing the entire case and re-examining all possible leads.
The public must understand the fate of unsolved cases like Mr. Horner's. Questions often arise about whether such cases are closed, if they can be reopened with new evidence, and whether individuals can be retried for the same crime. The legal system provides pathways for revisiting cases, ensuring that justice can still be pursued, even without a conviction or resolution.
UNDERSTANDING ARCHIVED CASES:
When a case is closed, it does not mean it cannot be reopened.
The South African Police Service (SAPS) archives case files when an investigation has reached a standstill, ensuring their preservation while allowing for retrieval if new evidence emerges.
Archiving prevents potential risks, including:
Loss of case documents.
Tampering or interference with evidence.
Damage owing to environmental factors such as fire or flooding.
Case files are securely stored, and the physical evidence and associated documents remain accessible for further investigation if necessary.
THE INVESTIGATION AND CASE CLOSURE PROCESS:
Reporting the crime:
When an individual reports a crime at a police station, the incident is documented, and a docket is opened.
This serves as the official record of the case and initiates the investigative process.
Investigation:
An Investigating Officer is assigned to collect evidence, interview witnesses, and build the case.
The docket is then forwarded to the National Prosecuting Authority (NPA) for review.
The NPA assesses whether there is sufficient evidence to proceed with prosecution.
Archiving of cases:
If an investigation does not yield sufficient evidence or if there are no further leads, the case may be archived.
Archiving does not mean the case is permanently closed.
The SAPS can retrieve and reopen the case if new information or evidence emerges.
SCENARIOS FOR REOPENING A CASE:
Cases are reopened under specific circumstances, including:
The emergence of new forensic evidence, such as DNA or technological proof (e.g., cell phone records).
The discovery of credible eyewitness testimony or new witness statements.
A confession or additional information provided by informants.
The identification of suspects previously unknown to law enforcement.
The presence of police misconduct or corruption previously hindered the investigation.
JUSTICE REVISITED AND THE QUESTION OF A CLEARED SUSPECT CAN FACE MURDER CHARGES AGAIN:
South Africa follows the legal principle of double jeopardy, which means that a person cannot be prosecuted twice for the same crime - if they have been legally acquitted for the crime once, they cannot be tried for the same crime again.
There are exceptions in rare cases in which new and compelling evidence emerges:
New and Strong Evidence: If forensic advancements (such as DNA testing) or credible new witness testimony surfaces, legal channels may be pursued to review the case.
Fraud or Perjury: If the acquittal was obtained through false testimony, tampered evidence, or other fraudulent means, legal action could be taken to set aside the acquittal.
State Appeal: In exceptional cases where there was a significant legal error in the original trial, the State may appeal the decision within the legal framework.
If such a case arises, the National Prosecuting Authority (NPA) assesses the new evidence and determines whether there are grounds for further legal action.
If retrial is not possible, alternative charges (such as perjury or conspiracy) may be considered.
WHAT SHOULD A MEMBER OF THE PUBLIC DO IF THEY HAVE INFORMATION ON A COLD CASE:
If an individual possesses relevant information about a case that has been archived, they should take the following steps:
Contact Specialised Security Services:
Any information regarding the Horner Murder can be reported to Specialised Security Services, Mr. Mike Bolhuis, mike@mikebolhuis.co.za.
Specialised Security Services (SSS) guarantees the confidentiality of all identities and ensures protection for those involved.
Contact the SAPS:
The first step is to visit the nearest police station and request to speak with an Investigating Officer.
Provide any new information or evidence that may assist in reopening the case.
Submit an Official Statement:
A formal statement detailing the new information and its source should be given.
Ensure that any supporting evidence (documents, recordings, photos, etc.) is submitted.
Request Case Retrieval:
Request that the archived case file be retrieved for further examination.
Engage with the NPA if Necessary:
If there is substantial new evidence, the case may be presented to the National Prosecuting Authority to assess its viability for prosecution.
Utilise Crime Reporting Channels:
If anonymity is preferred, information can be reported through platforms such as Crime Stop (08600 10111) or other tip-off lines used by SAPS.
THE IMPORTANCE OF REOPENING CASES:
Reopening a case is essential for ensuring justice and upholding the rule of law.
It allows law enforcement to track criminal patterns, connect cases, and prevent further crimes.
A cold case is never closed - it remains an open avenue for justice, waiting for the right piece of information
to bring closure to victims and their families. By taking action and reporting new evidence,
the public plays a crucial role in strengthening the criminal justice system and ensuring that perpetrators are held accountable.
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Regards,
Mike Bolhuis
Specialist Investigators into
Serious Violent, Serious Economic Crimes & Serious Cybercrimes
PSIRA Reg. 1590364/421949
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