Appeal denied for Courtney’s murderer
MORTIMER Saunders’s application for leave to appeal against his premeditated murder and rape conviction, as well as two life terms sentence, has been denied by the Western Cape High Court.
In November, he was found guilty of the rape and murder of Courtney Pieters, who went missing from her home in Elsies River. He was sentenced, a month later, to two life terms that would run consecutively.
Courtney’s body was found, on May 14, 2017, on a rubbish heap in Epping Industria. She had been missing for nine days.
Saunders admitted to mixing ant poison with a cooldrink and giving it to Courtney. A post-mortem found she had suffered from manual strangulation or smothering.
Yesterday, Saunders’s legal counsel, advocate Morne Calitz, told Judge Babalwa Mantame that there were reasonable prospects that another court may come to a different conclusion.
“The court erred in finding that the murder was premeditated.
The court erred in finding that the deceased was alive when the applicant (Saunders) vaginally penetrated her. The court erred in imposing two life sentences and for those sentences to run consecutively,” he submitted.
Calitz argued that the State’s case was that Saunders intentionally went to buy poison and towels to commit the crime. He said the State conceded that the poison was bought eight month before the incident.
“Two life sentences to run consecutively in law is not allowed. Life runs concurrently, we can only serve one life. Correctional Services can’t keep you once you have died, you have one life,” said Calitz.
State prosecutor, advocate Esmeralda Cecil, opposed the application for leave to appeal.
“The court looked at the totality of evidence including evidence of the defence, the applicant’s version, the State is of the submission that the honourable court did not misdirects itself,” she said.
Judge Mantame said what was argued by Saunders’s counsel was argued and heard during the trial.
She denied the application for leave to appeal.