A magistrate has refused an application by the defence in the Chanél du Toit murder trial to recall a witness. According to a report in Die Burger, in a trial that has dragged on since 2012, William Booth applied on behalf of the accused, Johan du Toit to recall the pathologist who testified in 2015 about the time of death.

Chanél was murdered in the couple’s home on the Dieu Donné estate in Franschhoek on 7 July 2010. Johan says his wife was still alive when he left the house early that morning. The court previously refused the defence’s application for a discharge. On Friday, Booth said he wanted to question the pathologist again about her calculations regarding the time of death and the impact of the outside temperature on the calculations.

State prosecutor Enslin Orange objected, saying the pathologist had already been subjected to extreme cross-examination three years ago. The transcription of her evidence was close to 700 pages. Magistrate Joe Magele, who has since resigned to practise as an advocate, dismissed the application, noting he was mindful the trial has been going on for six years. The accused had his lawyer and his own forensic expert, David Klatzow, present in court and had already cross-examined the pathologist and a climatologist at length. The matter was postponed to 25 June when Johan du Toit is expected to take the stand.

Full report in Die Burger (subscription needed)