Nearly five years after Letisia Niemann (38) was tragically killed in a hit-and-run incident, the case is yet to be finalised.
The Mbombela businesswoman was declared dead at 01:20 on September 29, 2019, at Kiaat Private Hospital after being hit by a bakkie outside Mustangs – The Dancing Place just over two hours earlier.
The driver not only allegedly fled the scene, but also allegedly skipped town. Following an intensive search by Bossies Community Justice and the SAPS, the driver of the white Toyota Hilux bakkie, Johan Louwrens, was identified and traced to Steelpoort.
Two days after the incident, he was brought to the Nelspruit Police Station where he handed himself over and was arrested.
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On Friday, September 13, Louwrens (28), who is out on R1 500 bail, appeared in the Nelspruit Magistrate’s Court again. His hair was considerably longer than at previous appearances and his face was unshaven, and he routinely pulled a black buff over his face.
When photographed by Lowvelder, he pulled faces at the camera before pulling up his buff and turning to hide his face.
Trying to prevent the publication from photographing Louwrens, his Legal Aid attorney, Eric Mashele, argued that Lowvelder did not need a photo to report on the case.
He said the accused had not yet been convicted and there was therefore no need to identify him. He contended photographing Louwrens (whom Lowvelder had photographed outside the court before) would point to malice.
“The suspect (sic) is still presumed innocent. He is not a dangerous criminal,” said Mashele.
He further argued that Louwrens was not comfortable being photographed and publishing his picture would take away his ‘subconscious feeling of innocence’.
The presiding officer, Magistrate Patrick Morris, found no reason why photographing the accused would lead to an unfair trial and ruled in favour of the media application.
Later, during the tea break, Louwrens asked this reporter whether she at least got a nice picture of him and if the colour of his eyes was visible.
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Defence drills down on perceived witness inconsistencies
Eager to finalise the matter which commenced on December 8, 2021, and has been delayed by a series of postponements, Morris wasted no time in having witnesses being called.
First was Emer-G-Med’s Martin Jeffrey who treated Niemann at the scene before rushing her to hospital in a critical condition.
The court heard that Niemann had suffered a pneumothorax (collapsed lung) and air was leaking into her chest cavity. This necessitated ventilation.
Jeffrey also testified to seeing extensive chest and abdominal injuries from being hit by a vehicle, as well as tyre marks across Niemann’s chest and abdomen.
In the gallery, her sister, Lizel Boshoff, and her husband, Gerhard, were reduced to tears as they relived the trauma through Jeffrey’s testimony.
The casualty sister in charge at Kiaat Private Hospital that night, Nomonde Maluka, also testified to seeing tread marks on Niemann’s abdomen and chest.
However, in cross-examination, Mashele questioned the identity of the witness, claiming she was forced to sign a statement she did not write.
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He also accused Maluka of having selective memory, citing discrepancies between her initial and later statements.
Mashele’s arguments stem from two corrections made on one of Maluka’s signed statements which she did not initial.
Mashele also claimed because she dictated to a colleague what to write in her first statement (as she was busy working on Niemann’s body at the time and police were eager to get the statement), the words in the statement were not her own.
Later on, when two more expert witness statements were read into evidence, the court heard that the white Toyota Hilux that struck Niemann was registered to Louwrens at the time of the incident.
The court also heard that crime scene experts found no blood or touch DNA on the bakkie as it had been washed after the incident.
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The post-mortem report was submitted into evidence under Section 212(4). But, after learning through Maluka’s testimony that chest compressions performed during resuscitation could cause rib fractures, Mashele questioned the accuracy of the report.
He said it was not clear when the blunt force trauma that caused Niemann’s death was inflicted, suggesting cardiopulmonary resuscitation (CPR) could have killed her. He requested the medical examiner be brought in for cross-examination. Morris, however, denied this request.
“If there was no accident, resuscitation wouldn’t have been necessary,” said Morris.
He, however, added that the defence would be allowed to call whoever they wanted later when it was their turn to call witnesses.
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The bulk of the session was spent on former investigating officer, Sergeant Pollard Ngxam’s testimony, from which emerged the need for a trial within a trial relating to the admissibility of an informal admission that Louwrens allegedly made to Ngxam moments before his arrest.
The court previously heard that Louwrens had admitted to his father, in front of Albert Gryvenstein of Bossies Community Justice, that he had struck a blonde woman with his bakkie.
He allegedly repeated this admission when Ngxam asked him about it. However, it is to be decided in the trial within a trial – to be heard at a later date – whether this evidence will be allowed to be heard.
After a full day of witness testimony and cross-examinations, the matter was adjourned to October 31 and November 21. To avoid further delays, Morris urged the prosecutor, State Advocate Leana Jones, to call all remaining witnesses on those two days.
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