Eight year sentence to stay

2003-08-18 21:14

Johannesburg - The Johannesburg High Court refused an appeal on Monday for the alteration of an eight year jail sentence against Johannesburg technician Howard Bachman, 41, for trying to hire a hitman to murder his two-year-old illegitimate son, as well as his former lover.

Finding that Bachman had been "negotiating in deadly earnest for the killing" of his mistress and their illegitimate child, Judge Dirk Marais ruled that the original regional court sentence by magistrate Lukas van der Schyff's was "fully justified".

Marais also refused an application for leave to appeal against the High Court ruling.

"The judgement (of the regional court magistrate) seems to be singularly well balanced," said Marais.

Regarding the love triangle and the illegitimate son, the High Court referred to evidence by the complainant that Bachman - portrayed as a religious father of two - was "very angry" at the pregnancy and "wanted his child dead from the moment he knew he existed".

Rejecting defence argument delivered on August 8 that Bachman got "cold feet" and that arrangements for the hit "were not finalised," Marais drew attention to "a chilling comment" by Bachman pre-recorded during discussions with the hitman.

In the recording Bachman is heard saying "whatever you do hit the baby".

The High Court also found that the intent of Bachman to have his plan executed was apparent at his last meeting with the hitman on May 27, 2001 when Bachman handed over a photograph of the child, the address of the complainant and a map of the area.

Marais added that the High Court concurred with the sentiments of Van der Schyff that the crime - incitement to murder one's two-year-old son and former lover - was "a shocking one".

In his trial last year Bachman pleaded guilty to the charge.

The debt collector he had approached to find a "hitman" had in fact notified the police who monitored discussions until Bachman's arrest.

- SAPA