Life sentence withdrawn due to irregularity in the proceedings, new trial will take place
A Bardene man who was sentenced to life imprisonment in August last year has been released from prison after winning a High Court appeal which cited an irregularity in the trial proceedings.
Jan de Klerk van Wyk (49 years old at the time) was arrested after allegedly stabbing Isak Hermanus Frederik van Zweel to death in Witfield on May 16, last year.
Van Zweel was stabbed with a knife three times and died on the scene.
Van Wyk was remanded in custody while awaiting trial.
He pleaded not guilty to a charge of premeditated murder but was found guilty and subsequently sentenced to life imprisonment in the Boksburg Magistrate’s Court on September 29, last year.
Van Wyk’s legal counsel appealed the sentencing on the basis that the magistrate did not appoint assessors to assist in the murder trial, and that van Wyk was not given the opportunity to exercise his right to agree or disagree.
It is a legal requirement that a judicial officer presiding in a murder trial be assisted by two assessors unless the accused requests the trial proceed without assessors.
The matter will now be tried de novo, meaning a new trial will take place, in the Boksburg Regional Court before a different magistrate, who will see that all the facts tried will be reconsidered.
According to the Van Zweel family’s legal representative, Christo van As, van Wyk’s conviction and sentencing were overturned by the High Court on September 7 and he was released from prison unconditionally.
“He will be summoned to appear in court for the re-trial. Should he not respond to this, a warrant of arrest will be issued,” van As said.
