Kotzé co-accused denied bail

2012-04-02 15:26

Modimolle - Three men charged alongside Johan Kotzé for an attack on his wife were denied bail by the Modimolle Magistrate's Court on Monday.

Magistrate Hannes Stoffberg said the men had failed to prove there were exceptional circumstances why they should be granted bail.

Andries Sithole, Peter Mohlako and Sello Frans Mphaka are charged with, among others, rape, murder, conspiracy to rape, kidnapping, and assault with intent to cause grievous bodily harm.

Stoffberg said they had told the court only that they were not flight risks and that they had family ties in South Africa.

"You indicated that the State has no case against you as another reason. I'm of the view that you did not provide strong reasons," Stoffberg said.

He said the attack had caused a national outcry, but that the accused maintained that the public's anger was directed at Kotzé and not at them.

"The anger was directed to the crime committed, not individuals," said Stoffberg.

He said it was in the interests of justice that the accused remain in custody.

Legal Aid SA Mpumalanga and Limpopo spokesperson Isaac Dhludhlu expressed disappointment at the ruling.

"We are disappointed. We respect the decision of the court, but we maintain we have a watertight case," he said.

Legal Aid SA is representing the three men.

The men were hired to work in the garden of Kotzé's rented home in Modimolle. In their bail application, they told the court they committed the crimes because Kotzé threatened them with a gun.

Kotzé also lured his stepson to the house and allegedly killed him.

The case was postponed until May 11 when they will appear alongside Kotzé.

  • Olivia - 2012-04-02 15:32

    Finally some common sense. If they can do that to one woman they can do it to many. Include in this the fact that most men who hurt women tend to deviate and start hurting, raping children and murdering soon afterwards. Keep them in jail, and why not throw in Kotze, and toss the key in deepest ocean. Since we don't have the death penalty that's the closest thing to hell.

      John - 2012-04-02 16:00

      Olivia these scum should die the worst lingering death imaginable i hope all four of them get it soon i cringe when i think my tax money is being spent on these criminals to give them some sort of life in prison.

  • Jabu - 2012-04-02 15:40

    Where is DR Basson with his medication when we need him most?

  • Jackie - 2012-04-02 15:42

    Kotze is slightly worse but really his assistants are not much worse. I feel sorry for the families of these "things" but the perpetrators must suffer the umost pain and agony possible. Feed them to the worst of the worst criminals we have in SA. They shouldnt even be allowed to breath in our airspace.

  • Sharon - 2012-04-02 15:51

    Oh happy day. They are exactly where they are supposed to be - on the inside looking out.

  • evanhuyssteen1 - 2012-04-02 15:59

    Good for you judge, you should take more cases like this and deny them bail !!!!

  • Irene - 2012-04-02 16:37

    Good decision Magistrate Hannes Stoffberg. Keep the scum locked up for good.

  • phosa.peter2 - 2012-04-02 16:40

    How? The magistrate fail to understand that, those guyz were forced to do the so-called 'crime' by their commander..was not their intention to rape/ took part on dat.they were on duty..wake up, be partial man..grant de men a free bail.they are not guilty..logically.

      George - 2012-04-02 16:51

      Dude this is SA, we don't about such small thing called fact, we only care about one thing and one thing only. U can even kill a cop on duty, all the judge care about at the end of the day is are u black or are u white. If your white any reason that you give is good enough, u walk free, no further questions. If you black u can line up the fact from here to brackpan. You going down anyway. We still apply each and every single apartheid law.

      Allan - 2012-04-02 17:06

      @Phosa, your brain must be the size of a mustard seed or are you a rapist as well! come on man, wake up you arrogant dick. How can you be forced to rape, cut of nipples and cut her most sacrid part with a side cutters. These guys are sick and deserve to die by the same means. so shut it you arrogant fool

      George - 2012-04-02 17:16

      @Allan, what did the witness say in her 1st and 2nd statement? She said they were force, unless if she is a lying bi***

      Allan - 2012-04-02 17:31

      @george, hard to believe that they could be forced , considering the weapons they had to multilate her, unless Kotze had an automatic covering a full line of fire. I would never assume that the victim is a lying b..tch not after what she went through, however I still find it hard to believe. My humble opinion

      George - 2012-04-02 17:33

      So what exactly were you going to do Mr Chucknorris?

      Irene - 2012-04-02 17:40

      Thank you to the supreme being for giving me a reasoning and logical brain. Sorry that you missed out on Phosa.peter2 and George while you were dishing them out.

      phosa.peter2 - 2012-04-02 17:45

      @allan, u may b rite, my brain is size of fact is rasism in our judiciary develop a devided society with hatred beneath.i dislike recönsile to de ppl who dislike colour counts in most cases at court of law.

      bluzulu - 2012-04-02 19:42

      The Judge seems to speak from a Superhero's perspective, surely he does not possess a cape under his robe . Unfortunately these were innocent young Men forced to complete the "Ungodly" acts under instruction from Mr.Kotze wielding a Firearm. The Victim said so....So how are the Public suppose to forget this facts.

  • nyasha.mutonono - 2012-04-02 16:54

    This is the taste of fearing "die baas" not the law itself look now what you did guys.NOW YOU ARE GUILTY ' you were tasted where suppose to taste by die baas K alone

      phosa.peter2 - 2012-04-02 17:07

      Is a pity..bcos already de court sentencd de 3, b4 dey culd present their it bcos dey r black,dey shuld nt be coverd by law litterally, but kangaroo court.

      George - 2012-04-02 17:36

      I don't think that Judge and everyone is interested in what happened. Everyone is just condemning.

  • George - 2012-04-02 17:07

    This guys life's ended immediatly when Kotze force them to RAPE his wife. They don't do it, he kill them they are done. The do it, they get a life sentence, either way. When they say good bye to their wife that was the last time they ever had a chance to spend sometime with their wife.

      bluzulu - 2012-04-02 19:16

      Stoffberg called them Cowards, From his Castle he has Obviously never hand a gun drawn on him.

  • Johann - 2012-04-02 17:13

    it is sad that they were not given bail. I also think they have good grounds to be released on bail, but unfortunately it is not the case. Reading these comments I wonder what will any of you say if it was yourself in this situation or a loved one, would you still be uttering the most harshest words towards them, also asking fr them to never see the daylight again, to be thrown to animals in the prison, I dont think so, becuase as long it is someone else that must be punished for what they did wrong, you have the most harshest words to speak yet suddenly when it is yourself that must be punished for what you did wrong, you will try your damn hardest not to be punished. Always remember, even though they may be rapists or murderers, they still are human beings

  • Manu - 2012-04-02 17:55

    In the few days after the brutal crime was reported we were told that 1. That these three were forced to rape the victim at gun point 2. That the mutilation was done by Kotze 3. That the victim had confirmed this Now all of these have been reversed. All three are now accused of mutilating the victim. It's difficult to say who to believe, but I am starting to think that there is more to this case.

  • bluzulu - 2012-04-02 19:05

    "The anger was directed to the crime committed, not individuals," said Stoffberg......How does he know this, Has Stoffberg spoken to every RSA Citizen?...............LOTTER Shyte.

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