Lotz parents 'have new evidence'
2008-03-31 09:57
Cape Town - The parents of Inge Lotz claimed to have "more proof than before" for a civil court to find that Fred van der Vyfer, who was found to be innocent of Inge's murder in a criminal court, indeed had murdered her.
Dani Cohen, spokesperson of Jan and Juanita Lotz from Welgemoed, told Die Burger on Sunday, in reaction to court documents which Van der Vyfer's new lawyer, Brian Lowe, had filed in Cape High Court.
Van der Vyfer filed these documents in response to Jan and Juanita filing their claim of about R8m against him.
Among other things, the couple were claiming for emotional damage caused by their daughter's murder which took place on March 16 2005 in her flat in Stellenbosch.
Indisputable claim
Cohen said on Sunday that Jan and Juanita felt that with the new evidence, their claim was indisputable.
Cohen had previously said that the couple's claim did not come from them bearing hate but that they still maintained that Van der Vyfer was responsible for the emotional damage caused by the murder.
Van der Vyfer argued in his documents that the claim was "malicious, vindictive, vexatious and reckless".
Judge Deon van Zyl found him innocent of the murder on November 29 last year.
Van der Vyfer is claiming about R17m from the police for, among other things, malicious prosecution.
Advocates Henri Viljoen SC, Dup de Bruyn SC and BJ Pienaar would represent him in the case against the Lotz couple.
In his court documents Van der Vyfer acknowledged that Inge and her mother had had a close bond of love and affection and that they had had frequent, close contact.
He also acknowledged that Inge and her father had loved each other.
Van der Vyfer denied that he had caused Inge's death by hitting her and stabbing her, and called on her parents to prove their allegation in court.
He also denied that he was responsible for the emotional shock, psychological trauma, persistent post-traumatic stress, permanent pain, suffering and loss of life enjoyment that he couple experienced.
He acknowledged that they could suffer from her death.
He denied that he was responsible for paying Jan and Juanita for their damages, and denied that a court order for punitive damages be awarded against him, as they had requested because he had refused to pay them.
According to Van der Vyfer it would only be fair if Jan and Juanita received an order for punitive damages.
He asked that the claim and this order for punitive damages be thrown out.
A hearing date for this claim still had to be determined.