Detective testifies on the legality of the search in Nick Frischke's case
German tourist Nick Frischke
Image: Supplied
The detective who led the search that uncovered missing German tourist Nick Frischke’s backpack took the stand in the Wynberg Magistrate’s Court this week to answer questions about whether the search he had conducted was legal or not.
At the time, Colonel Mbongo Gatyana was the head of the Hout Bay detective unit. He was testifying in a trial-within-a- trial focused on whether a search carried out in Hout Bay, where stolen items including Frischke’s backpack were recovered, had been lawful.
The case stems from the disappearance of 22-year-old German tourist Nick Frischke, who vanished while hiking the Karbonkelberg trail in February 2023. Four men, Carlo and Melvin Geunantin, Vanroy Petersen, and Ishaam Fischer, are accused of robbing Frischke during his hike.
They face charges of aggravated robbery, illegal possession of firearms and ammunition, and gang-related offences under the Prevention of Organised Crime Act (POCA). All four have pleaded not guilty.
During proceedings, State prosecutor Arandhana Heeramun and Legal Aid defence attorney Rejean Malarac clashed over whether police had acted within the bounds of the law. Heeramun stood firm, citing the Criminal Procedure Act, which allows officers to conduct searches without a warrant in certain urgent circumstances, provided the action is lawful.
She argued that the officers acted on credible information about a housebreaking and that their actions were justified, adding that it was now up to the defence to show how the accused’s rights were violated.
Malarac countered that the search infringed on the occupants’ privacy and dignity, maintaining that police had no right to enter the home without a warrant.
Taking the stand, Colonel Gatyana told the court that on 16 February 2023, he received a call from an elderly man reporting a housebreaking in Hout Bay. “The sliding door window was broken, there was glass everywhere, and blood on the burglar bars,” he said, adding that officers had also found a .38 Special bullet at the scene.
The next morning, acting on a tip-off, Gatyana and eight colleagues went to a shack on the mountain slopes of Hout Bay to search for stolen property and suspects believed to be linked to the housebreaking, not yet aware that the men could later be connected to Frischke’s disappearance.
“We knocked and identified ourselves as police,” Gatyana said. “Someone peeped through the window, and one of my colleagues recognised him as Carlo Geunantin, the owner of the house."
Moments later, a woman opened the door and gave the officers permission to enter and search.
"We asked where Carlo was, the woman said he was not home. I then noticed an open window at he back and asked who went out there, she remarked it was Carlo and Vanroy.
Inside, police found two large televisions, security flashes, handcuffs, and other suspected stolen items, something Gatyana said "triggered" him because at the time, Hout Bay was facing a surge in violent crimes and aggravated robberies, with several reports of security guards being held at gunpoint on the mountain.
The woman who opened the door was then was arrested after being unable to explain who the property belonged to.
Among the items recovered that day was a backpack later identified as belonging to Frischke, which was booked into evidence at the Hout Bay Police Station.
The trial- within- a- trial continues next week Monday, with Colonel Gatyana expected to face further cross-examination.