Despite witnesses placing him at the scene of the crime and being accused of being the shooter in the Atlantis Guest House murder, Derrick Fyfers claimed that he was not in Kimberley at the time of the incident.
DESPITE witnesses placing him at the scene of the crime and being accused of being the shooter in the Atlantis Guest House murder, Derrick Fyfers claimed that he was not in Kimberley at the time of the incident.
Fyfers and his co-accused, Marlon Koopman, are accused of the fatal shooting of Ashwinn Malan, who was killed at his mother’s guest house on September 8, 2016.
It is alleged that the incident occurred after Fyfers, Koopman, Levert van Wyk, Rahjendra Beukes and Sebastian Adams, known as Oupa, requested to book a room from the receptionist under false pretences.
Malan died after he was shot three times during what was, at the time of the incident, believed to be a botched robbery.
Fyfers, who is accused of being the mastermind behind the incident, told the Northern Cape High Court during his testimony this week that he came to Kimberley for a possible job opportunity.
He is facing charges of murder, robbery with aggravating circumstances, illegal possession of a firearm and illegal possession of ammunition.
He has denied all the charges against him.
Fyfers told the court that his interest in coming to the city was sparked after he saw a newspaper advert on a tender proposal in Kimberley. He said he also saw it as an opportunity to reconnect with old friends and acquaintances following his release from prison in 2014.
“I reside in Sunnyside in Pretoria. I left Pretoria for Kimberley on September 4, 2016. I am a tradesman by profession and saw an advert for a job opportunity in Kimberley in a newspaper – I am not certain which newspaper it was. I have a renovating company and came to Kimberley to complete and submit the tender documents.
“I then contacted my brother’s former girlfriend, Dina, when I arrived in Kimberley and she invited me to a party at the guest house. I have known Dina before coming to Kimberley as we had been keeping in touch telephonically.
“When I arrived at the guest house, Dina was in the company of her daughter, her son-in-law and family and friends of the deceased. I was at the guest house until about 10pm when I left with Dina’s son-in-law and her daughter as well as their children. I returned about 30 seconds later after I noticed the gate did not close properly.
“I told Dina’s son-in-law and he tried to fix the gate. However, because the gate could not get fixed, Dina’s son-in-law suggested that I stay at the guest house with Dina. I stayed at the guest house from the Sunday until Wednesday night. I left Kimberley on Thursday afternoon at around 4pm. I arrived in Pretoria later that night, at around 9 or 10pm,” Fyfers testified.
He said that while he was in the city he met with some friends and was introduced to his co-accused by a friend.
“On Monday, September 5, I went to meet my friend Sonja in Colville. I arrived at Sonja’s place at around 10am. I found Sonja, her son Neilly, her daughter Kim and one of the witnesses, Meide, at the house.
“I was friends with Kim’s father. Kim was in a relationship with Marlon Koopman and she introduced me to him. Sonja and I, as well as Kim, were having a conversation and catching up on old times. I did not talk to Meide and I think she was in Kim’s shanty. I later that afternoon left and went back to the guest house. At the guest house, Dina and I talked.”
Fyfers said he went to submit his tender documents on Tuesday and the next two days he visited his friends before leaving for Pretoria on Thursday.
“When I went to submit my tender documents on Tuesday, I found out that the opportunity prioritised people from Northern Cape. I realised that I did not stand a chance of getting the tender and I terminated the application. I then went to see friends whom I have not seen in 20 years.”
He said he left the guest house at around 10am on Thursday, September 8, and was shocked to hear about the incident after he called Dina from Pretoria on Friday.
“I left at about 10am and called my friend Michael to give me a lift to the taxi rank. Michael said we must first go to his house in Roodepan. We spent a few hours at his house and I got to see Michael’s wife, who is also an old friend of mine. Michael stayed with me until the taxi took off
“I called Dina to tell her that I have left Kimberley. When we were in Wolmaransstad I called Dina again to inform her I was still on my way to Pretoria. When I arrived in Pretoria I again called Dina because I wanted to tell her that I had arrived safely. She did not answer her phone. I called her a few times, but decided to try again in the morning after I failed to get hold of her. The next morning I heard from Dina about the shooting.”
He admitted that he had seen the deceased at the guest house on Monday, the day after his arrival.
“I saw the deceased driving into the premises of the guest house. I greeted him, but he did not greet me. I asked Dina who he was and she told me that he was the son of the owner of the guest house. She explained that I should not feel offended because the deceased was not a talkative person,” he said.
The State, represented by advocate Adele van Heerden, argued that Fyfers merely pretended to leave Kimberley and was building up an alibi with his constant phone calls to Dina.
“The only reason for you to call Dina was to establish an alibi. It is not possible to arrive in Pretoria in five hours while you were driving through towns. It was the testimony of Beukes that you came to Sonja’s place asking for a lift in a bakkie.
“Accused two (Koopman) and Van Wyk were there. The testimony of Honey (Meide) was that you had left in a bakkie on Thursday, as all the other witnesses testified. Beukes said that you (Fyfers) said that he must just press the hooter and someone will open the gate from the inside.
“According to Dina’s evidence, that was exactly what happened – she heard someone hoot and she went to open the gate. You knew that would happen as you had watched it while you were at the guest house.
“Dina also testified that Van Wyk was present in the reception area and interacting with her. The reason why you only allowed the other three men to interact with Dina was because she knows you.
“That is also why you switched off the main switch of the electricity in order for her not to identify you. In their statements, both Dina and Koopman said you were the one who grabbed her. Koopman, in his statement, said there was a point during the incident where you left.
“That is also consistent with Dina’s evidence stating that she saw someone’s legs walking to the room of the deceased. According to Koopman, that was when he heard a shot being fired. I put it to you that you were the one who shot and killed the deceased as you were the only one in the group of men who knew where the room of the deceased was,” Van Heerden said.
The case continues.
Video: Soraya Crowie
