New shocks in baby killing case

By Barbara Hollands
East London Correspondent

IN a dramatic court appearance yesterday, alleged baby killer David Best was accused by the State of having tried six times to have his girlfriend Melissa Shelver and their unborn child killed.

In sensational claims that left members of the gallery aghast, senior public prosecutor Indra Goberdan claimed that Best had organised five unsuccessful “contract killings” before “he succeeded on the sixth one”.

She said Best had also had a “detailed discussion” with the hitmen as to where he should be shot during the staged hijacking (he was shot in the chest near the shoulder), and had aborted a previous plan because his mother was present and there were too many people around.

Goberdan argued that the defence’s application for a 30-day psychiatric evaluation at Fort England should be turned down because Best had twice confessed to the crime, had planned that his co-accused wear latex gloves and offered him R5 000 for the crime, and then later told him to “destroy evidence”.

Best and co-accused Ludwe Masumpa, 24, are charged with murder, attempted murder and attempting to defeat the ends of justice. A third man, who apparently acted as the intermediary, has turned State witness.

The charges stem from the shooting on Valentine’s Day, when Best and his estranged girlfriend Shelver were “hijacked” as they left an East London clinic.

The hijacker made them drive to Fort Jackson, where he shot Best in the chest and Shelver – who was nine months pregnant – in the stomach.

Best rushed Shelver to hospital, where the baby, Jenna-May, was born by caesarian section, but died less than 30 minutes later due to her injuries. Best stood by Shelver’s side, but was arrested a week later.

Best’s lawyer, Neil Ristow, argued yesterday that two doctors had recommended the accused be assessed in a psychiatric institution.

One was the state psychiatrist at Fort Glamorgan and the other Best’s own GP of many years, Dr Anton le Roux, who appeared as a witness at the East London magistrate’s court yesterday. Le Roux testified that he had treated Best in October, 2005, for “depression and anxiety” as “there had been a problem in his personal life”.

“There had been a split-up in his relationship. There was a third person involved and she left him. He was depressed.

“In retrospect this could have something to do with what happened now.”

Le Roux could not say whether the relationship concerned was with Melissa Shelver. Le Roux said he had also examined Best after his arrest on March 1 “for 10 minutes” at Fort Glamorgan and on that basis had recommended further assessment by a psychiatrist.

Goberdan asked Le Roux whether he had any training in psychiatry and when he replied that he had done 18 months as part of his medical degree, she referred to it as “a crash course”.

Le Roux said that Best had been “quite lucid and quite calm” during the brief examination, and that he had recommended the psychiatric observation because “what happened was out of his character”.

“He has always been very placid, very friendly. At no stage was he ever aggressive to me,” said Le Roux.

Goberdan then fired off a list of questions at the doctor:

“Did he tell you that he planned this crime for many months?

“Did he tell you he tried on five other occasions before he succeeded on the sixth one?

“Did he tell you at one time when he planned the murder, his mother was present and there were too many people to do it?

“Did he tell you he made a confession to the captain of the police force how he planned this event?

“Did he tell you how he sat by the bedside of his bleeding girlfriend in front of the media and held her hand to show his support?

“Did he tell you how he planned the hijacking and robbery?

“Did he tell you how he showed accused No 2 (Masumpa) where exactly he should be shot?

“Did he tell you that he agreed to pay accused No 2 R5 000?

“Did he tell you that he planned that accused No 2 wear latex gloves and that he contacted him later to destroy the evidence?”

Le Roux answered in the negative to all these questions, saying stress could have been a factor in the situation. “Unfortunately stress is not certifiable,” countered Goberdan.

“All his actions, before (the crime), during and after it and after his arrest were in accordance with the goal he had set, which, if you pardon the pun, had a deadline.

“It is clear that the crime was well-planned, premeditated and motivated by a specific goal. His actions were rational. He manipulated people, used them as tools to get this goal. He knew what he had to do in order to get away with it.

“He made a confession to a police captain and volunteered a confession to his pastor and to stand before the court and say he was incapable of these actions flies in the face of the confessions he made.”

Ristow asked magistrate Andre Williams to “take no notice” of Goberdan’s references to Best’s confessions. “They refer to confessions but no witnesses have been called to court.”

Ristow asked that if the application for a psychiatric period was successful, that Best be sent to Valkenberg Hospital in Cape Town. Failing that, he said a bed would be available at Fort England in two weeks’ time.

Williams granted the observation period at Fort England and postponed the case until March 17. Should a bed be available at Fort England prior to this, Best would have to appear in court before he was admitted for observation.

Masumpa applied for legal aid and asked that bail be applied for on his behalf.

Both accused remain in custody.

Before the proceedings Best appeared relaxed and gave his mother, Margaret Labuschane, brother Alvin Best, aunt Pam Coetzer, and family friend Shaun Brandfield the thumbs up on a couple of occasions, smiling at them from the dock.

During the proceedings Best turned to his family to shake his head when “contract killing” was mentioned.

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