Stepdad banned from court says accused joked about murder

The stepfather of murdered Daniël Botha, who was barred from attending further proceedings in the Pretoria High Court sitting at Benoni Magistrate’s Court leading up to the sentencing of the perpetrators, has cried foul, claiming his side of the story wasn’t heard.

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

Gideon Fourie was found guilty of murder, while Jacques de Lange and Sampie Hearn were found guilty of assault with the intent to cause grievous bodily harm.

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

The decision to ban the stepfather, André Pretorius, from further proceedings comes after an attorney for one of the accused told Magistrate Ian Cox on April 14 that he and his client were threatened and intimidated by Pretorius on many occasions.

During the court proceedings, 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 were key roleplayers, and various factors necessitated postponements, hence the matter has been “dragging”.

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

Postponed
Speaking to the Benoni City Times, Pretorius said he was angry and felt let down by the court.

“The magistrate didn’t want to hear both sides of the story. He only considered the attorney’s version.

“Why didn’t he ask why I was angry? I feel there was no proper control from his side because, in many instances, we were provoked by the three accused. During the trial, the three accused would joke and laugh while in the dock.

“They killed my son and then continued to joke about it as if nothing happened,” Pretorius said.

He alleged that they had to sit in the courtroom and listen to the accused making jokes about the night his son died.

“I’m upset. The case has dragged on for years due to numerous postponements.

“On April 14, the accused were to be sentenced, but the case was postponed again. How many times will it be postponed?”

Pretorius’ wife, Catharina, said she was disappointed by the magistrate’s decision to ban her husband, describing the decision as too harsh.

“He was provoked and upset. They can’t blame him. He jjusts wants to see justice being done,” she said.

The accused will hear their fate on May 9, when sentencing will be handed down.

Fourie remains in custody, and bail for his two accused was extended.