‘I saw no remorse’ – Luke’s father

The man accused of killing toddler Luke Tibbetts in a drive-by shooting in Westbury, appeared in the High Court sitting in Palm Ridge Magistrates’ Court on September 3.

The case was postponed to March 2 upon request of Senior State Advocate Deon van Wyk.

Van Wyk said the State needed more time to conclude its investigations.

“There is a lot of work that needs to be done still before we go to trial. We need to collect all reports of the investigations that have taken place such as ballistics, the scene report, autopsy and additional witness statements,” he said.

He is facing 18 criminal charges in total – including charges of attempted murder, murder, illegal possession of a firearm, illegal possession of ammunition and pointing a firearm.

The accused has four other cases pending in the South Gauteng High Court.

He was out on bail when the shooting occurred.

“The accused has the right to claim his money he had paid for bail since he will remain in custody during this trial,” said presiding Judge George Maluleke.

The court also heard that the accused has been remanded in a single cell in the Johannesburg Prison for his safety.

As the State had no objection to this, he will remain in this single cell.

This news aggravated a still mourning Derrick Petersen, father to the late Luke Tibbetts.

“It is nonsense that he is in a single cell, he must fight for his life in prison just like my son fought for his life,” he said.

Baby Luke’s passing has affected the whole family.

“My other son Matthew is not doing well. He misses his brother and is now very quiet at school,” said Petersen.

Petersen added that he is still confused and has sleepless nights because of the dreadful trauma that befell his family.

He was however, able to share some treasured moments that put a smile on his face.

“I remember how much he was a jolly child that always wanted to laugh,” he said.

The trial is expected to end by 27 March 2015.

To ensure everything moves swiftly along, Judge George Maluleke obligated the accused and his legal team to inform the State if there are any financial troubles so that a state lawyer may be afforded to the accused.

“When I saw him in court today, I looked at him because I wanted to see if he could look into my eyes; I saw no remorse, the accused and his family have never even apologised; his family looks at me dirty even though my son died,” said a seemingly devastated Petersen.

“I will be happy if he gets a life sentence because a life was taken, he deserves to live his life inside bars, that is the only thing that will give me closure,” he concluded.

The accused’s relatives, who were present at the court, were very hostile to the media and one of them pushed a journalist’s electronic device.

The media was given permission by the judge to record the court proceedings on the day.

Senior State Advocate Van Wyk said as a result the accused may be named in the media.

The second accused in the shooting, is facing charges of pointing a firearm and appeared in the Newlands Court on September 3.

The case was postponed to October 22.

No bail was granted and he will remain in custody.