Defence in coffin case say accused only wanted to scare complainant
Court hears final arguments
“You don’t need a coffin to kill someone,” submitted Advocate Org Basson in his closing arguments in the #CoffinAssault trial yesterday.
“The only reason that Mr Mlotshwa was taken to the [secluded place] was to scare him. My Lady, there is nothing more frightful than being buried alive.
“The intention ... was only to scare the living daylights out of him,” Basson said in the high court sitting in the Middelburg Magistrate’s Court.
The court heard the closing arguments from both the state and defence in the trial of farmers Willem Oosthuizen and Theo Martins Jackson, accused of assaulting and forcing Victor Mlotshwa into a coffin on August 17 2016.
The two are facing charges of attempted murder‚ two counts of assault with intent to cause grievous bodily harm‚ kidnapping‚ intimidation‚ unlawful possession of a firearm and defeating the ends of justice.
The one charge of assault is in relation to another victim, Delton Sithole, who was allegedly attacked on the same day as Mlotshwa.
They are also accused of concealing evidence by allegedly burning the coffin either in October or November.
Cellphone footage showing the duo forcing Mlotshwa into a coffin went viral on social media‚ causing widespread outrage. Another video emerged during the trial.
They have pleaded not guilty to all charges, but admitted to placing Mlotshwa in a coffin and said it was to “scare him” and deter him from committing crime again.
The accused told the court Mlotshwa was found in possession of stolen copper cable, and when they told him they would report him to the police, he threatened to kill their wives, children and burn their crops every year.
Oosthuizen’s legal representative Advocate Wayne Gibbs also submitted that there was no intention to kill Mlotshwa.
“There was no intention whatsoever to murder Mlotshwa ... they were severely threatened by Mr Mlotshwa. They have been provoked. They wanted to scare Mlotshwa. They didn’t think that their actions were wrong.”
Gibbs said the accused had cooperated with the court, submitting more video footage, a picture of Mlotshwa taken on the day of the incident and car tracking records which placed them at the scene on September 7, and not August 17 as the state indicated.
State prosecutor Advocate Robert Molokoane said the car tracking records did not prove the cars were the ones used by the accused on the day of the incident.
“There is evidence of a specific car. There is no full registration number of the car in the picture,” Molokoane said, adding the accused should be found guilty.
Judge Segopotje Mphahlele said: “I am going to consider the evidence and your submissions. I will be ready with my decision on Friday.”