Lotz: US expert pulls surprise
2006-10-09 22:53
Cape Town - An international fingerprint expert thinks a fingerprint of Fred van der Vyver, accused of the murder of Matie student Inge Lotz, "has been falsified".
The expert is part of the Van der Vyver's heavyweight legal team, who apparently are costing "nearly R100 000" a day.
The fingerprint expert's evidence is in affidavits submitted in the Cape High Court on Monday during the first appearance of Van der Vyver, 23, a former friend of 22-year-old Lotz.
He will plead not guilty to a charge of murder.
The affidavits also form part of his legal team's application to temporarily scrap the case against Van der Vyver, an actuarial assistant, because the State couldn't continue on Monday.
No judge available
Advocate Nicolette Bell, for the State, said the reason for the postponement was because the court roll was too full.
No judge was available to hear the case and the State advocate who led the case and had to be in charge, was still involved in another one.
She said it was a complex case that could not be entrusted to a junior advocate.
"The investigation has been completed and the State has a strong case. That's why the defence's application is being opposed."
Advocate Dup de Bruyn, SC for Van der Vyver, said his client didn't want the prosecution to stop and "my client wants his day in court so he can prove his innocence".
"My client is living a nightmare and is going through hell."
Van der Vyver, dressed in a suit, was flanked by De Bruyn and advocates Terry Price and Barry Pienaar, all from Port Elizabeth, when he arrived at court.
His Cape Town attorney, William Booth, his parents, Louis van der Vyver, an Eastern Cape farmer, and his wife Carien, as well as his brothers were present.
Professor Jan Lotz and his wife, Juanita, of Welgemoed, sat quietly listening to the court proceedings.
There was a sombre atmosphere in the packed court, with smartly dressed friends and families of the murdered student and Van der Vyver in the public gallery.
Van der Vyver sat without moving a muscle and spoke only when Judge Essa Moosa asked him a question.
The court heard Van der Vyver's legal team had hired American and South African fingerprint experts to neutralise this evidence.
'Taken off a glass'
One of the fingerprints under investigation was allegedly found by police on a DVD cover after the murder in Lotz's flat on March 16 last year.
American expert Pat Wertheim said in an affidavit: "After I examined fingerprint 1 thoroughly, (and compared it to the reports of independent fingerprint experts), as well as several other experiments, I came to the conclusion that the fingerprint had been taken off a glass and deliberately classified as if it had been on a DVD case.
"It had all the characteristics of fraudulent fingerprint evidence."
Moosa will hand down his ruling on Tuesday.