Lotter murder: Accused claims assault

2011-10-26 22:30

Durban - Double murder accused Mathew Naidoo was allegedly assaulted and denied access to a lawyer during questioning by police, the KwaZulu-Natal High Court in Durban heard on Wednesday.

"Captain Shane Naidoo struck me across the face. I wasn't told that I could have legal representation and my rights were not read or explained to me," Mathew Naidoo said.

He told the court Captain Naidoo was not happy with his answers on his alleged involvement in the murder of Maria Magdalena and Johannes Lotter of Westville, Durban on July 19 2008.

"At first I denied the allegations, but the officers would raise their voices and I would receive a smack from Captain Naidoo. I answered yes to the questions because I was being assaulted."

Mathew Naidoo claimed a group of officers were present during questioning, saying he was told that the Lotters' children, Nicolette and Hardus, had implicated him in the murder.

After the alleged assault, police took him through a pointing out exercise. Two parcels containing two pairs of jeans and gloves were retrieved.

Naidoo admitted to having thrown the packets away at Nicolette's instruction, but said he did not know what was inside.

"I threw away the packets at Kings Avenue after Nicolette and I visited the Pavilion. I did not know what was in them. I assumed it was dirt."

He told the court that police did not explain to him the repercussions of the pointing out.

Naidoo said police Captain Neville Ever coached him to answer questions in his warning statement.

According to the statement, Mathew Naidoo planned the double murder, but later said this was a fabrication by the investigating officers.

A Captain Delport told the court that Naidoo did not ask for legal representation, and denied the assault allegations.

On Monday, the court heard the motive for the double murder was to get a share of the Lotters' inheritance.

The trial continues.

- SAPA