Cape Town - The man accused of killing his ex-wife and making it look like a suicide appeared in the Western Cape High Court on Wednesday where his lawyer asked for a postponement to consult with his client.
This after the matter moved to the Western Cape High Court sitting in Cape Town on Monday with most of the State witnesses having already testified in the Swellendam Circuit Court.
Ashley October is charged alongside his former employee, Tashwell van der Rheede, after he allegedly hired Van der Rheede to kill his ex-wife, Charlene October, at her home in Elim following unsuccessful attempts with other employees.
They are both charged with four counts of murder, housebreaking, robbery with aggravating circumstances and attempting to defeat or obstruct the administration of justice, while October is charged with two counts of incitement to murder and one of conspiracy to rob and murder.
On Wednesday, October’s lawyer, advocate Dorian Van Zyl, indicated to the court that he would bring a Section 174 application, seeking to have October discharged and acquitted. The State will oppose the application.
This follows the closing of the State’s case by advocate Leon Snyman after a witness was recalled for questioning by advocate Van Zyl.
The witness testified that he changed his mind when he saw Charlene sleeping with a child and decided against it. He said they subsequently informed the police.
When advocate Van Zyl asked the witness about the communication from the prosecution regarding the case in 2012, Judge Rosheni Allie intervened.
“Now what are the chances that the State would inform this witness after the consultation that there was a decision made not to prosecute? You’re asking the witness something he would have no knowledge of. You can’t just put things that have no basis, there has to be a factual basis,” Judge Allie said.
At the end of proceedings, Van der Rheede’s lawyer, advocate Omar Arend, informed the court that his client would be testifying in his own defence on Monday.