‘Mon­ster’ 4 to know fate soon

Kotze, three co-ac­cused, to face judg­ment on Mon­day

Weekend Argus (Saturday Edition) - - NEWS -

THE High Court in Pre­to­ria is ready to give judg­ment in the trial of so-called “Modi­molle Mon­ster” Jo­han Kotze and his co-ac­cused.

Act­ing Judge Bert Bam said last week that he would start de­liv­er­ing judg­ment on Mon­day. He would com­plete it even if it meant ex­tended court hours.

Kotze, An­dries Sit­hole, Pi­eta Mohlake and Sello Mphaka are on trial for al­legedly mur­der­ing Kotze’s step­son, Con­rad Bon­nette, 19, as well as kid­nap­ping, re­peat­edly rap­ing and at­tempt­ing to mur­der Kotze’s for­mer wife, Ina Bon­nette, in his Modi­molle, Lim­popo, home on Jan­uary 3 last year.

Kotze de­nied guilt, claim­ing he could not be held ac­count­able for his ac­tions that day.

A de­fence psy­chol­o­gist tes­ti­fied that Kotze had a nar­cis­sis- A COR­REC­TIONAL Ser­vices of­fi­cial was called to ex­plain to the Pre­to­ria North Mag­is­trate’s Court yes­ter­day why four men ar­rested in con­nec­tion with the mur­der of for­mer Jo­han­nes­burg clus­ter com­man­der Ma­jor- Gen­eral Tirhani Maswanganyi had not re­ceived med­i­cal at­ten­tion.

Se­nior cor­rec­tional of­fi­cer Heinz Peter Kramer told the court he would see to it that Tshepo Mo­sai, 30, Roger God­frey Moseki, 33, Ndaedzo Isaac tic per­son­al­ity dis­or­der, and suf­fered from acute stress dis­or­der and ma­jor de­pres­sion, which re­sulted in a state of dis­so­ci­a­tion dur­ing the in­ci­dent.

A State psy­chol­o­gist, how­ever, tes­ti­fied that Kotze did not suf­fer from any men­tal dis­or­ders, and could be held ac­count­able for his ac­tions.

Sit­hole, Mohlake and Mphaka claimed that Kotze had threat­ened to shoot them if they did not co-op­er­ate. They in­sisted they had pre­tended to rape Bon­nette be­cause they could not get erections.

Bon­nette tes­ti­fied that the three men looked on while Kotze sex­u­ally tor­tured her and mu­ti­lated her breasts, be­fore tak­ing turns to rape her.

She was still tied to a bed with tape over her mouth when she heard her son re­peat­edly say, “Please un­cle, don’t shoot”, fol­lowed by three shots. He died at the scene af­ter be­ing shot in the face, chest and knee.

Bon­nette had to un­dergo re­con­struc­tive surgery, and was put on an­tiretro­vi­ral treat­ment af­ter it emerged that Sit­hole tested pos­i­tive for HIV fol­low­ing his ar­rest.

Prose­cu­tor Retha Mein­t­jes ar­gued that all the ac­cused were guilty of at­tempt­ing to mur­der Bon­nette be­cause of Sit­hole’s HIV sta­tus.

Sit­hole’s ad­vo­cate, Jan van Rooyen, and Fran­cois van As, for Mohlake and Mphaka, ar­gued that their clients had not been aware of Sit­hole’s or their own HIV sta­tus, and could not be con­victed of at­tempted mur­der.

Van As ar­gued that his clients had “played Rus­sian roulette” be­cause they did not know each other or the vic­tim’s HIV sta­tus. Bam re­marked that he had never heard of a rapist who first asked his vic­tim if she had Aids.

Van As said his clients were just as trau­ma­tised as Bon­nette, be­cause Kotze had threat­ened to kill them. He ar­gued that the ab­sence of DNA ev­i­dence sup­ported his clients’ story that they had not raped Bon­nette.

The ab­sence of any phys­i­cal in­juries to Bon­nette also sup­ported this.

“Their in­ten­tion was not to go there and rape her. They were there against their will. There is am­ple ev­i­dence to sup­port their ver­sion that they were threat­ened,” he said.

Piet Greyling, for Kotze, said the court should ac­cept Kotze’s ver­sion that the other three acted on their own, and that Kotze had not threat­ened them with a firearm.

“He was an­gry with her. It was co­in­ci­dence that they be­came co- per­pe­tra­tors,” Greyling said. – Sapa

PIC­TURE: OUPA MOKOENA

TRIAL: Jo­han Kotze with his co-ac­cused, An­dries Sit­hole, in court last week.

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