Magistrate warns crying prosecutor
AS RAW emotion filled the Kimberley Regional Court yesterday, even the State prosecutor ended up in tears as she called for a prison sentence for a 21-year-old student, Henco Boshoff, who previously pleaded guilty to two charges of culpable homicide.
Teenagers Chara van Zyl and Hendre Gouws were killed when a truck smashed into the Ford Focus that Boshoff was driving, at the notorious N12 “crossing of death” in July 2014. The group had just returned from the Springbok nightclub, on the outskirts of Kimberley.
While Boshoff, who is currently studying at the University of the Free State, looked straight ahead yesterday, State prosecutor Cornelia Deetlefs struggled to contain her emotions as she questioned the mother of one of the two teenagers who were killed in the accident.
Shortly before Magistrate Vernon Smith handed down his sentence, Deetlefs took off her glasses and the tears rolled down her face.
Deetlefs’ emotional state did not go unnoticed and even before Cornelia Burger, the mother of 18-yearold Chara van Zyl, was called to the stand, Smith reprimanded Deetlefs, reminding her that they were all professionals.
“Everyone is emotional but we need to remain professional,” Smith told Deetlefs, who called for a recess after Burger’s emotional testimony.
Starting with her arguments for sentencing, Deetlefs said that Boshoff ’s legal representative, Sakkie Nel, had tried to “soften” the court.
Despite warnings from Smith that he could only look at the facts presented in court, Deetlefs pointed out that Boshoff ’s alcohol levels could not be presented in court because he had received medical attention on the scene and therefore the blood alcohol levels were not available.
“He said he was driving slowly and we have no evidence to prove otherwise. But then he should have been able to see what was happening, he should have seen the lights of the other vehicles on the road,” said Deetlefs.
On at least two occasions, Smith had to warn Deetlefs to address him in a calm manner and to put her point across, while he also repeatedly stated that he wanted the facts of the case.
“The accused has pleaded guilty. He said he was sober. If he had been drinking, I would have charged him with murder. But if he was sober, he should have been more aware of the approaching stop street and the lights of the other vehicles. He was negligent,” Deetlefs said.
She added that he had no other option but to plead guilty.
Baby
“The previous time he was in court, he was crying like a baby but today he is just sitting and staring in front of him. He was crying because he was looking for sympathy – that’s why he went to Glitter magazine,” she said, referring to an article which appeared in the magazine, in which, she pointed out, there were photos of Boshoff smiling.
Deetlefs said Boshoff had negatively impacted the future of the country by taking the lives of two young, bright children, who died as a result of his negligence.
“The court heard the raw emotional sobbing of Chara’s mother and how this has affected their lives.”
She added that it was the State’s opinion that if the accused had acted as he said he had and had done what he said he had done, there would not have been an accident.
“I cannot make a decision on what could or should have happened,” Smith again pointed out. “I need to look at the facts in front of me.”
Deetlefs then retorted that it wouldn’t help to read her arguments to the court. “I feel as though the court has already decided on a sentence.”
“I am warning you that you are being in contempt,” Smith said. “If something is bothering me, then I have to ask questions.
“You must talk to your seniors because you are very emotional. We have to put our emotions to one side and be absolutely professional – that is how we have been trained and I will not allow you to talk to me like this.”
Deetlefs, however, declined to continue with her closing arguments and sat down.
“I don’t blame my colleague,” Nel said in reply.
“This type of accident has happened many times before and will happen many times in the future. It is tragic and has devastating consequences for everyone involved.”