Daniel Botha case: Fourie can appeal but bail is denied
Gideon Fourie and his two accused are expected to present their case before the High Court‚ where they hope to have their convictions and jail sentences reviewed.
The Benoni Regional Court today (June 7) granted convicted murderer Gideon Fourie leave to appeal his conviction and sentence.
His bail application was, however, dismissed.
Fourie received a sentence of 15 years imprisonment on May 9 for murdering Daniël Botha (26), who died after being assaulted at Dingo’s Pub in Lakefield on July 26, 2018.
Magistrate Ian Cox said when considering the merits of the court case, it was in the best interest of justice not to release Fourie on bail pending the outcome of the appeal.
“When considering an application for leave to appeal, a presiding officer has to consider what is said to have gone wrong in the matter,” said Cox.
“The courts must distance itself from what was said during judgement and look at the facts and arguments objectively.”
He added the court considered some of the challenges faced throughout the court proceedings, including contradictions and language.
“The accused should have an opportunity to argue those aspects before a higher court to decide whether this court indeed viewed, summarised and evaluated the evidence that was presented.”
Cox added during the trial, Fourie implicated himself in the murder in many instances.
“I do not know how he is going get around that. That is not my problem, but the fact is another court may decide that the State succeeded in proving culpable homicide instead of murder,” he said.
During proceedings, Fourie’s lawyer pointed out various contradictions in the evidence presented by the witnesses.
He said the sentence imposed on his client was ‘shockingly inappropriate’, adding that the magistrate should have afforded Fourie the benefit of the doubt and found him guilty of assault, not murder.
The State prosecutor, Basil Marishane, argued that looking at the role Fourie played and the evidence brought forward by witnesses, the High Court would not come to a different conclusion.
Fourie’s co-accused, Jacques de Lange and Sampie Hearn, each sentenced to five years imprisonment for assault with the intent to cause grievous bodily harm, were granted bail of R7 500 on May 24 after a successful appeal.
Fourie, De Lange and Hearn will present their case before the High Court‚ where they hope to have their convictions and jail sentences reviewed.
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