'Modimolle Monster' to know fate soon

2013-07-12 20:02
Johan Kotzé (Werner Beukes, Sapa

Johan Kotzé (Werner Beukes, Sapa

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Pretoria - The North Gauteng High Court in Pretoria will deliver judgment in the trial of so-called "Modimolle Monster" Johan Kotzé and his co-accused next week.

Acting Judge Bert Bam said on Friday he would start delivering judgment in the lengthy trial on Monday.

He intended completing his judgment even if it meant extended court hours.

Kotzé, Andries Sithole, Pieta Mohlake, and Sello Mphaka are on trial for allegedly murdering Kotzé's stepson Conrad Bonnette, 19, as well as kidnapping, repeatedly raping, and attempting to murder Kotzé's former wife Ina Bonnette in his Modimolle, Limpopo, home on 3 January 2012.

Kotzé denied guilt, claiming he could not be held accountable for his actions that day.

A defence psychologist testified that Kotzé had a narcissistic personality disorder and suffered from an acute stress disorder and major depression, which resulted in a state of dissociation during the incident.

A State psychologist, however, testified that Kotzé did not suffer from any mental disorders and could be held accountable for his actions.

Sithole, Mohlake, and Mphaka claimed Kotzé threatened to shoot them if they did not co-operate. They insisted they merely pretended to rape Bonnette because they could not get erections.

Bonnette testified the three men looked on while Kotzé sexually tortured her and mutilated her breasts before they took turns to rape her.

She was still tied to a bed with tape over her mouth when she heard her son repeatedly say "Please uncle, don't shoot", followed by three shots. He died at the scene after being shot in the face, chest, and knee.

HIV status

Bonnette had to undergo reconstructive surgery and was put on antiretroviral treatment after it emerged that Sithole tested positive for HIV following his arrest.

Prosecutor Retha Meintjes argued that all the accused were guilty of attempting to murder Bonnette because of Sithole's HIV status.

Sithole's advocate Jan van Rooyen, and Francois van As, for Mohlake and Mphaka, argued their clients had not been aware of Sithole's or their own HIV status, and could not be convicted of attempted murder.

Van As argued that his clients had "played Russian roulette" because they did not know each other or the victim's HIV status.

Bam remarked he had never heard of a rapist, who first asked his victim if she had Aids.

Van As said his clients were just as traumatised as Bonnette because Kotzé had threatened to kill them.

He argued that the absence of DNA evidence supported his clients' version that they had not raped Bonnette.

The absence of any physical injuries to Bonnette also supported this.

"Their intention was not to go there and rape her. They were there against their will. There is ample evidence to support their version that they were threatened," he said.

Piet Greyling, for Kotzé, said the court should accept Kotzé's version that the other three acted on their own and that Kotzé had not threatened them with a firearm.

"He was angry with her. It was coincidence that they became co-perpetrators," Greyling said.

Read more on:    johan kotze  |  ina bonnette  |  andries sithole  |  mahikeng

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