Kotzé case: Court hears of sex agreement

2013-05-01 07:53
Johan Kotzé (Picture: Sapa)

Johan Kotzé (Picture: Sapa)

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Pretoria - There was an agreement between the man dubbed the "Modimolle Monster" and his wife that she would have sex with three men, the High Court in Pretoria heard on Tuesday.

One of Johan Kotzé's co-accused, Andries Sithole, testified how he translated Kotzé's orders the day his ex-wife, Ina Bonnette, was attacked in his Modimolle home on 3 January 2012.

Francois van As, for Kotzé's other two co-accused Pieta Mohlane and Frans Mphaka, said his clients were told Kotzé and Bonnette agreed she would sleep with three black men and he would arrange it for her.

"That's what Mr Kotzé told me," Sithole said.

He said he translated Kotzé's orders to Mohlane and Mphaka.

Kotzé is accused of mutilating and orchestrating the gang-rape of Bonnette, and of murdering his stepson Conrad, 19. At the time Bonnette was married to Kotzé, but lived in her own flat.

Sithole, Mohlane, and Mphaka are accused of kidnapping, assaulting, repeatedly raping, and attempting to murder Bonnette.

Van As said that when the two men asked why they must sleep with Bonnette they were told Kotzé said his wife was not getting enough sex from him, he was too fat, and he suspected her of cheating.

Sithole testified Kotzé told him when Bonnette arrived at the house she would act as if she did not know what was going on.

"That's exactly what [Kotzé] told me to tell [Mohlane and Mphaka]."

Van As said his clients did not want to have sex with Bonnette. They wanted their money for the day's labour, and to go home.

Sithole agreed with this statement, adding: "This was what caused [Kotzé] to become aggressive and angry".

Van As said Kotzé then said: "I don't want to hear from a kaffir. They will do what I say or they won't leave this house alive". Sithole agreed.

Van As said his clients felt this was only aimed at them and not Sithole.

"I can't understand why it would only be aimed at them... I am also a kaffir," Sithole said.

The three agreed Kotzé forced them, with a revolver, to either hide in the closet or behind the closet door in the room where Bonnette was attacked.

Van As said that according to his clients, Bonnette was already tied to the bed and had her pants pulled down when they were let out of the closet. Sithole disputed this and said all three helped Kotzé.

"What happened there was we held Mrs Bonnette down and it was [Kotzé] who tied her up."

He said Bonnette was fighting against Kotzé and he slapped her.

"He told her: 'Bokkie be quiet. They won't kill you. They are good people'."

Not true

Earlier Sithole denied helping to plan Bonnette's rape.

"That's not true," Sithole said when Kotzé's counsel Piet Greyling put it to him that he planned the rape, knowing Kotzé would not be able to protect Bonnette.

Greyling had submitted to Sithole that he, Mohlane and Mphaka knew Kotzé was emotional and tired on 3 January 2012.

"I wouldn't know [if he was tired]," Sithole said.

He also denied Greyling's submission that the three of them did their planning inside the house while Kotzé and Bonnette were outside talking.

Before proceedings finished on Tuesday Judge Bert Bam gave his ruling on the State's application to reopen its case.

"My finding is that the application by the State passes."

Bam said he would give his reasons for allowing it at the end of the trial.

On Wednesday, prosecutor Retha Meintjes indicated the State wanted to re-open its case to present evidence about Kotzé's criminal accountability in rebuttal of testimony by defence witness Tertia Spangenberg, a clinical psychologist.

She had testified that she did not consider Kotzé accountable for his actions. He was dissociated during the attack, and suffered from a number of conditions including narcissistic personality disorder and major depression, she told the court.

The defence opposed the application.

On Monday, Greyling submitted Kotzé would be financially drained if the court proceedings were extended.

He contended the State had made an informed decision when it failed to call clinical psychologist Dirk Coetzee, who assessed Kotzé at Weskoppies Psychiatric Hospital, in Pretoria, before closing its case.

The trial was postponed to 25 June.

Read more on:    johan kotze  |  ina bonnette  |  andries sithole  |  polokwane

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