Acquit Johan Kotzé - lawyer

2013-07-12 07:21
Johan Kotze (File, Sapa)

Johan Kotze (File, Sapa)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Pretoria - The so-called "Modimolle Monster", Johan Kotzé, was dissociated when he allegedly attacked his former wife Ina Bonnette and her son, the Gauteng North High Court in Pretoria heard on Thursday.

He should therefore be acquitted, Piet Greyling, for Kotzé, told the court.

Conrad Bonnette, 19, died after being shot in the face, chest and knee at Kotzé's house in Modimolle on 3 January last year.

Ina Bonnette underwent reconstructive surgery after a prolonged torture session during which her nipples were sliced off and Kotzé's three co-accused - Andries Sithole, Pieta Mohlake and Sello Mphaka - allegedly raped her.

She was forced to listen to her son beg for his life before Kotzé allegedly shot him dead.

Greyling conceded that Kotzé may have used the three to injure Bonnette.

"It is possible that the three were there by chance and that he had used them as instruments after he, to put it plainly, lost his head."

He accused Bonnette of repeatedly lying to the court, and said it could not trust her evidence.

She had, for example, lied about phoning her mother while she was being tortured, as her cellphone records showed nothing of the kind.

Her evidence that Kotzé threatened to shoot her son on top of her, after forcing him to rape her, and that he would also shoot her daughter, was also suspect, as it was not contained in her statement to the police.

Greyling said the State psychologist who found that Kotzé could be held accountable for his actions had not done his job properly.

The court should rather accept the evidence of the defence psychologist, who said Kotzé had a narcissistic personality disorder and suffered from acute stress and depression, which resulted in a state of dissociation during the crimes.

Jan van Rooyen, for Sithole, argued that the summary of facts in the case was a "wish list" which the State wanted to, but could not prove.

He dismissed the State's argument that Kotzé and the other three were guilty of attempting to murder Bonnette because Sithole was infected with HIV.

"He was only tested for HIV after the incident and then found out he had tested positive. On that argument, it means that if a person unknowingly drives under the influence of alcohol and causes someone's death he is guilty of attempted murder.

"The intent must have been present at the time of committing the crime and cannot be applied retrospectively," he said.

Van Rooyen argued that the absence of any DNA evidence supported claims by Sithole and the other two men that they had not raped Bonnette.

The trial continues.

Read more on:    johan kotze  |  ina bonnette

Join the conversation! encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24

Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.