Lotz claim 'not out of hate'
2008-03-17 08:29
Cape Town - Exactly three years after the murder of University of Stellenbosch student Inge Lotz, 22, her parents are suing her boyfriend, Fred van der Vyver for nearly R8.5 million. He stood trial for the murder but was found not guilty.
Professor Jan Lotz and his wife, Juanita, from Welgemoed, filed the civil suit "not out of hatred", said Dani Cohen on behalf of the family.
But according to Cohen they hold Van der Vyver, 25, accountable for their emotional damage as they believed, as stated in court documents, that Van der Vyver was responsible for their daughter's "illegal and intentional" murder.
According to a statement by Cohen, the couple said although the criminal hearing was over, the law had not yet taken its full course with Van der Vyver.
Emotional trauma
"The Lotz family believe there is sufficient, believable and factual information to find him guilty of Inge's murder."
Cohen said the case was not the result of hatred. "It is a result of their emotional trauma."
She said evidence would be brought before a civil court in the hope that a judge here would reach a different verdict than a criminal judge.
"As far as Inge's murderer is concerned, her parents are convinced that Fred did it," said Cohen.
"She was the apple of their eye, a committed daughter and church-goer, academically brilliant, beautiful and popular. According to her mother, her soul died with Inge's death," read the statement.
Advocate Dup de Bruyn, SC, who represented Van der Vyver in the high court, said: "We were surprised and shocked to receive the court order."
"It's a pity it had to go so far. I know what their reasoning is, but will handle it in court."
Judge Deon van Zyl found Van der Vyver not guilty on November 29 2007.
The couple is suing Van der Vyver for R2m each for general pain and suffering, shock and psychological damage. They each sue him for R2m for permanent loss of joy of life.
Juanita Lotz's medical costs are R9 937 at present and her future medical costs were determined at R104 665, according to court documents.
Professor Lotz's medical costs were R29 160 and future costs were determined at R299 265.