Fred 'could've been angry'

2007-08-07 16:09

Cape Town - Hammer murder accused Fred van der Vyver could have been tipped over the edge by a quarrel with his girlfriend, a Cape High Court judge said on Tuesday.

Judge Deon van Zyl made the remark in a ruling rejecting Van der Vyver's application for discharge at the end of the State case.

The young man is on trial for the slaying of his girlfriend Inge Lotz, a master's degree student at the University of Stellenbosch, who was found bludgeoned to death in her flat in the Boland town in March 2005.

Van Zyl said defence advocate Dup de Bruyn had suggested in the application that the State had not been able to establish a motive for the killing, and that the evidence pointed to a particularly good relationship between the two.

One of Lotz's friends, Wimpie Boshoff, had indeed described their relationship as "perfect", the judge said.

However, the problem was that Boshoff also testified that Lotz confided on the day of the killing that they had had such a serious fight that she feared it could mean the end of their relationship.

Promised to be faithful

This was confirmed by the contents of a letter Lotz wrote to Van der Vyver, apparently on the morning of the killing, in which she repeatedly asked forgiveness for what she had said and promised to be faithful.

"This indicates more than just a passing misunderstanding," Van Zyl said.

"It could have even been the culmination of growing tension between them.

"The disagreement could have been the proverbial straw that broke the camel's back. The accused could in fact have become so angry that he could have harboured thoughts of vengeance against the deceased."

Fingerprint on DVD

Van Zyl said evidence presented by the State in connection with a potentially alibi-destroying fingerprint of Van der Vyver's, allegedly lifted from a DVD cover in the flat, was perhaps not always the best, but to suggest fraud, as the defence did, did not hold water.

There was prima facie evidence before the court on the fingerprint which had to be answered.

The same applied to evidence related to a bloody shoeprint in the flat and an ornamental hammer owned by Van der Vyver, which the State claims was the murder weapon.

"I am satisfied that the State has offered enough evidence to establish a prima facie case, following which the accused could reasonably be found guilty and therefore should be placed on his defence," Van Zyl said.

The court reconvenes on August 13.

De Bruyn said he intended calling American and Dutch fingerprint experts.

- SAPA