WATCH: Daniël Botha murder: family hoped for 15-year sentence for all three accused

An appeal of the judgement will be heard on May 24.

May 10, 2023

Ntombikayise Sibeko 4 minutes read

Courtcase(1)_46427 — Magistrate Ian Cox sentenced Gideon Fourie to 15 years' imprisonment for murder while Jacques de Lange and Sampie Hearn, who were convicted of assault with the intent to cause grievous bodily harm, got five years each. Photo: Ntombikayise Sibeko

Family and friends looked on helplessly following the late-afternoon sentencing of the three men who caused the death of Daniël Botha (26).

They could do nothing but say a few words or wave as they watched the accused descend the stairs to the holding cells to start their prison terms.

Magistrate Ian Cox sentenced Gideon Fourie to 15 years’ imprisonment for murder while his co-accused, Jacques de Lange and Sampie Hearn, both convicted of assault with the intent to cause grievous bodily harm, were sentenced to five years’ imprisonment each.

De Lange and Hearn were also handed a further two years’ imprisonment, suspended for five years, on condition they are not again found guilty of any form of assault.

The accused, who were all aged 22 at the time of the incident, were also all declared unfit to possess a firearm.

Fourie was first down the steps at the Benoni Magistrate’s Court after the sentencing, which took the entire day to conclude.

After the sentence was handed down at the Benoni Magistrates Court the accused Jacques de Lange (wearing a black shirt), Gideon Fourie and Sampie Hearn were escorted to the holding cells. Photo: Buhle Langimani

He was followed by his two accomplices, who took a moment to remove their ties and hand these to family members.

Speaking to the Benoni City Times outside the court, family of Botha, who died after being assaulted at Dingo’s Pub in Lakefield on July 26, 2018, said they are not satisfied that De Lange and Hearn only received a five-year sentence.

Daniel’s mother, Catharina Pretorius, read her victim impact statement before the magistrate proceeded with the sentencing.

She said she has laid awake at night asking “Why my son” since his death.

“The three accused took away my son, who had the most beautiful soul. He always had a smile on his face, had respect for people and was a gentle person,” Pretorius said.

The fateful night
Botha and a female friend were at the pub when he sustained head injuries after being severely assaulted by the three accused.

Following the assault, Fourie took Botha to the hospital and left him there. Botha died on July 29, three days later, after 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.

Botha lived in Boksburg South from birth and worked at Land Rover East Rand.

Sentencing
During sentencing, Cox said the accused may be first-time offenders, as per police records, but evidence indicates they are violent.

“They were arrogant and thought they were untouchable. The deceased died because of a severe brain injury and, according to a neurosurgeon, the cause of the brain injury leading to his death was strangulation.

“None of the three accused showed any signs of remorse for what they did to the deceased. They were dishonest and their respective attitudes did not show any signs of regret, but continued signs of arrogance,” Cox said.

He added that what they did is nothing to be proud of and, on the contrary, they should be ashamed of themselves because real men don’t behave the way that they did.

“What kind of a man treats a woman the way that accused one treated Botha’s female friend on that fateful evening? What kind of a man punches another for no reason other than because he can? What kind of a man assaults another without provocation and kicks a defenceless man who is lying on the ground for no reason?”

According to the magistrate, Botha did not lift a finger when he was assaulted.

He further stated that accused two and three had no valid reason to involve themselves by kicking the deceased while he was on the ground, and that accused one, being a ‘big man’, could have sorted that out himself.

“The accused will for the rest of their lives carry the stigma of having assaulted and caused the death of an innocent person. They will one day, especially those who have children, have to explain why they were convicted of murder and assault.”

Relieved that the matter was concluded even though they had hoped for a harsher sentence is Daniël Botha’s family. Seen here are Lindy, André, Catharina Pretorius with Daniël’s father, Danie Botha and Lettie van Eeden (aunt). Photo: Buhle Langimani

Cox added that the deceased had dreams of his own and his parents will never have the privilege to experience his successful career, marriage or grandchildren.

“A parent should not bury a child. It is unnatural. No matter what the court imposes it will not bring back the deceased but will bring some closure to those that remain behind.”

The defence for the accused indicated that they will appeal the judgement, and this appeal will be heard on May 24.

Social worker’s report
The court heard that Fourie, who lived in Beyers Park, is engaged to his girlfriend of eight years and has a three-year-old daughter.

He attended Dr EG Jansen with De Lange and Hearn and was a good sportsman, who later became a member of the Falcons Rugby Club.

He proceeded with his studies at Potchefstroom University but dropped out during his first year as a result of his parent’s divorce.

It was also revealed in court that De Lange suffered psychological trauma after the incident, which resulted in suicidal thoughts.

Hearn’s marriage was also affected by the criminal case against him, leading to a divorce, which was recently concluded.