Coffin victim ‘betrayed’ by Supreme Court overturning convictions

The man whose infamous assault case included being forced into a coffin, Rethabile Victor Mlotshwa, has reacted to the Supreme Court of Appeal’s (SCA) amendment of the convictions of his attackers.

Theo Martins Jackson and Willem Oosthuizen were found guilty of attempted murder but the SCA overturned the convictions and their sentences have been reduced.

The SCA adjusted their sentences and conviction, finding the pair guilty of assault with intent to do grievous bodily harm and kidnapping, while Jackson maintains his convictions of defeating the ends of justice.

Both have now been sentenced to five years’ imprisonment on the assault charges and one year for kidnapping. Jackson received one year for defeating the ends of justice for burning the coffin which was to be used as evidence.

Mlotshwa told TimesLive that he found out about the outcome of the appeal on the news and considered it a “painful and hurtful” development.

He added that he felt betrayed and suspected there was “another hand at play”.

He said he worried about how his mother would take the news.

The Economic Freedom Fighters, meanwhile, have rejected the outcome of the appeal, saying in a statement “it’s difficult to understand how in law” the actions of the two men could “not amount to attempted murder”.

The court itself acknowledged the pair had lacked remorse for their crimes, videoed themselves committing the acts and burned the coffin as a means of getting rid of evidence and defeating the ends of justice.

The party has called on the National Prosecuting Authority to appeal the verdict at the Constitutional Court.

“Our courts truly need to internalise the fact that anti-black racism is a real motivator when white people deal with blacks. It is worse in circumstances like violence and humiliation.

“White privilege always saves white offenders from the cutting wreath of the law,” said the statement, adding that the party wanted this to come to an end.

The pair from Middelburg were found guilty of assault with intent to do grievous bodily harm, kidnapping, attempted murder, intimidation and defeating the ends of justice in 2016 after a video surfaced of them forcing Mlotshwa into a coffin.

They accused him of trespassing and theft and threatened to burn Mlotshwa alive, although he denied stealing anything.

Mlotshwa said he was attacked by the two while hitch-hiking.

Oosthuizen was initially sentenced to 11 years’ imprisonment and Jackson to 14 years. – Additional reporting by News24 Wire