Botha’s stepdad ordered not to attend sentencing

Benoni Regional Court Magistrate Ian Cox today ( barred André Pretorius, the stepfather of murdered Daniël Botha, from attending further court proceedings.

The three men accused of Botha’s murder were set to be sentenced today, but the case was postponed.

The decision to ban the stepfather from further proceedings cames after an attorney representing one of the accused told the court that he and his client had been threatened and intimidated by Pretorius on numerous occasions.

Botha was severely assaulted at Dingo’s Pub in Lakefield in the early hours of July 26, 2018, and died of his injuries.

Gideon Fourie, Jacques de Lange and Sampie Hearn did not hear their fate today due to the unavailability of a probation officer’s report, which led to a postponement to May 9 for sentencing.

Fourie was found guilty of murder while Hearn and De Lange were found guilty of assault with the intent to cause grievous bodily harm.

Addressing Magistrate Cox during the proceedings, the attorney said Pretorius had been aggressive towards him and threatened him and his client.

He also stated that although the court previously prevented Pretorius from attending proceedings, the threats persisted.

The attorney asked how he is expected to conduct himself as an attorney when he has to constantly look over his shoulder.

He described the situation as “uneasy and unpleasant”.

Prosecutor Basil Marishane told the magistrate that Pretorius previously said he was angry because the case had been dragging on since 2018.

Magistrate Cox said he had never had to prohibit a parent from attending court in all his career, which began in 1990.

He explained that in criminal matters there are key roleplayers and various factors necessitate postponements, hence the matter has been “dragging”.

According to Magistrate Cox, Pretorius’s behaviour is unacceptable and it appears he has anger issues and can’t control himself.

He then told the court that Pretorius was not permitted to attend the sentencing on May 9.

Fourie remains in custody and his two accused’s bail was extended.

Events on that fatal day
Daniël went to play action cricket in Edenvale after which he and a friend went to the pub.According to Benoni SAPS spokesperson Nomsa Sekele at the time, a fight broke out and Daniël was severely assaulted and sustained head injuries.

Following the assault, Fourie took Botha to hospital and left him there.Daniël’s family had to make the difficult choice of taking him off life support three days later when he was declared brain dead.

Fourie handed himself over to the police on July 31 and initially, a case of assault with the intent to cause grievous bodily harm was opened at the Benoni SAPS but the charge was amended to murder when Botha died of his injuries.

The three accused were all aged 22 at the time of the incident.

Also Read: Daniël Botha’s murderer, co-accused to be sentenced in April

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