Shocked by not guilty judgment in murder case
ON July 26, we were once again back in the High Court, where the Hoekstra murder trial was to commence again and would last for four days (from the original eight days previously set down). These days were set down mainly for closing arguments and, hopefully, a verdict.
By 9.45am court had not yet started, but word was going around that the verdict was going to be delivered immediately once court had started. True to word, within an hour of deliberation by the judge, the verdict of not guilty of all three accused was pronounced unceremoniously.
The court rose and the judge disappeared. End of case. This after almost six years of hard work by all legal personnel, prosecuting and defence.
The whole courtroom was stunned. Even top prosecutors, who had popped into court after hearing the rumour, and defence advocates, could not believe this shocking verdict.
All the evidence by all the witnesses and even the accused was basically dismissed as unreliable and filled with lies. According to the judge, the verdict was based on facts and not evidence.
During the court session in January this year, defence advocates submitted appeals to have accused Karen van der Merwe and Sherwin Leander discharged from the trial due to lack of evidence. After a day of deliberation by the judge, he returned to court with his decision, that the evidence against the accused was too strong and dismissed the appeal for a discharge.
The accused then took the stand and the trial was then postponed till July 26.
What had happened from the time when the judge refused the appeal for discharge to July 26? Certainly not the evidence presented by the accused, who were cross-accusing each other and making themselves look more guilty, during evidence.
We as a family will never really have closure, but we know that my brother, Gerry, and his dog, Parkie, are resting and are at peace. God’s will be done.
Leo Hoekstra, Port Elizabeth