News24

Kotze's co-accused 'acted under duress'

2012-03-30 14:22

Modimolle - The three men charged along with Johan Kotze for an attack on his wife acted under duress, the Modimolle Magistrate's Court heard on Friday.

In affidavits before court, the accused said they were afraid of Kotze, who threatened them with a gun and assaulted them.

Andries Sithole, 42, told the court that Kotze called them "kaffirs" during the ordeal.

"I was not willing, he forced me to commit a crime. I feel violated and humiliated," Sithole said.

He had acted as an interpreter to the other two because they could not understand Afrikaans.

"I was interpreting instructions from Kotze to them."

Sithole said he needed to be released on bail to support his wife and a 4-year-old daughter.

He was self-employed as a builder and earned about R5 000 a month before he was arrested.

In his bail application, Peter Mohlako, 33, said if he stayed in custody he would not be able to support his girlfriend, who was expecting their first child.

"I will not be there when my girlfriend gives birth," he said.

Forced to commit the crime


Frans Mphaka, 29, said he needed to be released on bail so that he could find a job. He indicated to the court that if he remained in custody he would miss job opportunities.

The three men said they would plead not guilty to the charges and would be able to afford bail of R500.

They all indicated that though they had been charged along with Kotze, society was not angry at them because the public was aware that they were forced to commit the crime.

If they were released on bail they would not interfere with witnesses and were not flight risks.

The men are charged with gang-raping Kotze's wife and mutilating her body with objects including nails, a screwdriver, and a grinder, while Kotze allegedly held them at gunpoint on January 03.

They had been hired to work in the garden of Kotze's rented home in Modimolle when he allegedly forced them to attack his wife. Kotze also allegedly killed his stepson after luring him to the house.

Heavy rain fell just before noon and the court ordered that their application be delayed because it was interfering with the recording system.

Comments
  • hoyingomane - 2012-03-30 14:35

    Bail granted,later,not guilty.

      Felix - 2012-03-30 15:05

      Did he force them to take viagra or do they always get a hard on when they see a woman beaten?

      Irene - 2012-03-30 15:13

      Felix ~ They can even get it up for old 80 year women as well. The mind boggles.

      Thandekile Pokolo - 2012-03-30 15:33

      yha those three man they are not guilty the only person is guilty is that kotze u hang him straight that woman they v a kids just imagen

      E=MC2 - 2012-03-30 15:43

      Thandekile Phokolo - dont talk crap. Read my comment further down. Anyone who can "perform" under that pressure, must like it

  • stoute.babuseng - 2012-03-30 14:39

    Hmmm Really?

  • Irene - 2012-03-30 14:40

    First time I've heard of a male being able to get it up under duress!!!

      stoute.babuseng - 2012-03-30 14:49

      Exactly

      E=MC2 - 2012-03-30 15:01

      precisely! If I had a gun to my head, I can guarantee nothing much would happen, & this while she was being tortured with nails, screwdrivers & a grinder?? They had to be getting some sort of satisfaction from it!

      sandra.j.rennie - 2012-03-30 15:06

      Irene, isn't it Durex without Duress ?

      Irene - 2012-03-30 15:08

      hoyigomane ~ Why? Don't you like the truth? Hope your slow puncture starts speeding up.

      jackal666.daniel - 2012-03-30 15:21

      Irene, really? A gun to your head in the hands of a guy that WILL kill you! I'd make pretty damn sure something would happen down there than have my brains plastered all over the wall thank you very much!

      Felix - 2012-03-30 15:22

      Hoyingomane, way to stick up for you rapist buddies. Sure you'll still be able to facebook with them once they're locked up.

      Ricardo - 2012-03-30 15:30

      Irene, That Slow pucture comment was seriously uncalled for. Very Sinicle of you, Irrespective. Analyse, advise, remain in charactor, unless im overestimating you.

      E=MC2 - 2012-03-30 15:31

      hoyingomane - go troll somewhere else pls jackal666.daniel - even more of a reason that nothing would happen. Dont come act all tough here when you know that a guy cannot be forced to get an erection... assuming you are even a guy that is

      E=MC2 - 2012-03-30 15:38

      I thought the slow puncture chirp was rather funny :) especially considering hoyingomane's comment to her.

      George - 2012-03-30 16:53

      Irene do you have a dick?

      Irene - 2012-03-30 19:07

      @ Ricardo ~ Bit of selective reading there pal, or didn't you read hoyigomane's comment to me before it was deleted. Maybe the fact that news24 deleted his comment, might give you a clue as to how vile it was. My slow puncture comment was mild, but no doubt you are of the same mind set as hoyingomane. Go and pray as it seems you think that 'prayer' solves it all. ROTFLMAO!

      Anne-Marie - 2012-03-31 13:50

      I agree Irene. If you are so "frightened" it would be almost physically impossible biologically. I have read about incidents in news 24 before where people were "forced" to rape someone and they have been unable through sheer fear.

  • Johnnie - 2012-03-30 15:25

    Forced to commit a crime, my foot. They did it because Kotzé told them to rape a white woman, a chance they could not let slip bye.

      E=MC2 - 2012-03-30 15:32

      blunt & eina, but i hate to say, probably true

      KayMoruane - 2012-03-30 16:25

      osetlaela retetena

  • Den - 2012-03-30 15:27

    @ hoyingomane, your the type that rapes his granny, pls stop taking your arvs???

  • Sharon - 2012-03-30 15:35

    The question that needs to be asked, is how much did he offer to pay them. I don't buy the "duress" version of events. I really hope they will take Ina Bonette's account of what happened into consideration.

  • Makatikamusona - 2012-03-30 15:44

    I really feel very sorry for those 3 guys, I seriously don't know what I would have done if I was in their shoes. Your boss pointing a gun at you and forcing you to commit a crime, is a very difficult situation indeed when I imagine the cruelty of this Kotze guy because I believe he would have killed them if they had not followed orders, and I fail to understand why he did not do the Job himself. Well the problem is we would never know what went through their mind, as for me I would have looked at the slightest opportunity to overpower that monster considering that they were three of them, still that is a risk consider the fact that I would not know what the other two thinks, what if they don't assist me in overpowering the monster but assist him and in that way he was gonna kill me. But let us not judge maybe they never had that slightest opportunity to overpower him or the thought never crossed their mind

      E=MC2 - 2012-03-30 15:53

      but lets not forget the crime they were 'forced' to commit.

      Makatikamusona - 2012-03-30 16:06

      @E=MC2 I don't, I know the seriousness of the crime, I don't know if is a proper procedure but how about getting some form of advice from the victim to hear how is her feeling, like if bail was granted or not. I am sure she would be a better best to know if there is nothing those guys could have done or whether they seems like they were enjoying it, remember there is nothing like the fear of death esp when it is right in front of you. Thus just my humble opinion. @E=MC2 can please give me a hit of what you would have done if a gun was pointed at your face. Anyone who knows that you only have one change to life he would rather go to jail than death

      George - 2012-03-30 16:07

      And yet everybody is going like if it was me I was gonna kick the gun, and run away like, just like in the movies. How did they get it up at gun point? some people are dumb period!!! According to the victims statement and their statement, clearly they are also victims here

      Makatikamusona - 2012-03-30 16:12

      @George - Ok be the judge

      Manu - 2012-03-30 16:33

      makatika, I agree this is a tough situation to be in. People can do anything when their life is in danger. The rape is one thing, but the torture and mutilation is something else. I can already see Kotze's lawyer arguing, "My client was insane but you were not so why did you follow his orders?" These boys are in trouble. They went looking for work and this is what they found. Terrible luck.

      George - 2012-03-30 16:36

      Looking at their profiles and everything that transpired during the day, I am not convinced that this three are heartless rapist. 1st day when the story broke out the Victim said the guys were forced to rape (Note the victim). Her statements are consistent (I doubt that she is lying and why will she lie?). This is from before any of this guys were arrested remember? The victim say they were force at gun point and they also say they were forced at gun point. We are the only once's that believe otherwise? that's strange..., isn't it? we sound like we were there and they were not there they didn't see anything. A man who just shot his son dead points you with a gun, will you still think he is kidding? Looking at the kind of jobs their are doing, they work in peoples backyards etc. And they have never raped before? that's strange for a heartless rapist. We all know common sense is no longer so common any more, but just looking at the evidence this guys are victims. And they are hit even harder because Kotze and his wife business is none of their business (They had nothing to gain from their affair). Its like being put in the middle of something you don't know anything about. This man have families that they are supporting

      George - 2012-03-30 16:45

      @Manu, I agree with you. Even victims of a car hijack must go to prison. Because they gave the keys to the keys to the criminals who were holding them at gun point. They took part in this crime, because they gave them the keys to their car. Now the same people have have bomb an ATM and used that car as a get away car. If it wasn't for them this criminals could have had a car. Even the security guys who were held at gun point during a robbery must go to prison. Do we think at all mara?

      Manu - 2012-03-30 17:29

      @George, Your car hijacking analogy is very good. It would be the same if a thief jumped into your car and forced you to participate in an armed robbery. The fate of these men lies in the hands of Kotze's wife. If she accuses them of being voluntary participants in the crime then I am sorry to say that they are done and they could end up in Kotze's boat. This is messed up.

  • Makele - 2012-03-30 16:22

    What did the victims say happened again?

  • Brigitte - 2012-03-30 17:38

    3 men vs 1 with gun. t he movies where Kotze was some amazing gunman. Surely they could have tried to overpower him? Plus, from rape to mutilation??? I'm sorry but if somebody was forcing me to make a choice between death and such an horrendous act, I would rather die with my honour intact!

      Manu - 2012-03-30 17:50

      You must have missed yesterday's story about that old fellow who killed three people in a law firm. I guess they could have rushed him but they didn't. Why do you think that is?

      Tony Lapson - 2012-03-30 18:44

      I would rather be killed than do that to someone. "I feel violated and humiliated," really? YOU feel violated? Go offer your life to the woman you traumatized, maybe then your courthouse remorse will be believable.

      Irene - 2012-03-30 19:08

      Exactly Brigitte, I too would rather die with my honour intact. That's why I will never vote for the ANC, even with a gun held to my head

      Thabang - 2012-05-11 16:19

      @irene.pls stop takin us backwards.this is a sensitive issue about a human life violated,that should have not taken place at all regardless the circumstances..ANC nd yo personal hatred for this party has nothing to do with this..maturity does help wen tryin to work together to view personal opinions on the given matter..in other words do grow up..

  • Morne - 2012-03-30 19:03

    As a matter of fact, duress is what it is.Its a do or die situation!

  • Anne-Marie - 2012-03-31 13:53

    Firstly, r500 bail??? Are these people for real. Anyhow, the last of the 3 doesn't need to worry about work. With any luck there is a lovely position awaiting him in prison as someone's housewife.

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