Modimolle trial: Kotze refuses to plead

2012-11-19 20:06

Pretoria - The so-called Modimolle Monster, Johan Kotze, on Monday refused to plead to the charges against him after a North Gauteng High Court Judge in Pretoria turned down his application for a postponement.

Acting Judge Bert Bam noted a plea of not guilty on seven charges, ranging from murder to rape and attempted murder, on Kotze's behalf.

Kotze's three co-accused, Andries Sithole, Pieta Mohlane and Frans Mphaka, all pleaded not guilty to the same charges.

All of them claimed Kotze had forced them to take part in the crimes.

The State alleges that in January the four murdered 19-year-old Conrad Bonette, and kidnapped, gang raped, sexually assaulted and attempted to murder Kotze's estranged wife, Ina Bonette.

Conrad was Ina Bonette's son from a previous marriage.

The State alleges Kotze had planned to humiliate and harm his wife by kidnapping, torturing and raping her, murdering her son and having her raped by his three co-accused.

The accused allegedly prepared the room and equipment for the kidnapping and torture, had a rifle and towel ready, and ensured his three co-accused would not be recognised by having them put pantyhose over their heads.

The three were allegedly already hiding in the prepared room when Ina Bonette arrived.

She was overpowered, smothered with a towel, thrown on the bed, gagged and tied to the bed and burglar bars.

Kotze allegedly took her phone to lure her son to the house, and also took her car keys to ensure that she could not escape.

She was sexually violated, assaulted and severely tortured to the point where she almost died.

Kotze allegedly shot Conrad to death with a .22 rifle when he entered the house. The young student died at the scene of gunshot wounds to the mouth and chest.

Fit to stand trial

Kotze's advocate, Bernard Bantjes, on Monday applied for a postponement for further psychological and medical tests, which he said could have a bearing on Kotze's accountability for the alleged crimes and his ability to understand the proceedings.

He said the defence was aware of at least three medical conditions which might have had an effect on his client's psychological state, but for which tests had not been carried out.

Bantjes added that Kotze was not capable of entering a plea because of the uncertainty surrounding his accountability.

The State objected and handed in a report by three psychiatrists, who unanimously found that Kotze did not suffer from any psychiatric illness and was fit to stand trial.

Bam said Bantjes' application was based on mere speculation and it would not be in the interest of justice to postpone the trial.

If there was a problem with his accountability, it could be addressed during the course of the trial, he said.

Conrad Bonette's university friend, Marthinus Cloete, testified that he and Conrad were at the gym on the day he was killed, when Conrad received a call from Kotze, who wanted him to come to his house to discuss something.

Kotze shook their hands when they arrived at his house, asked if they wanted to help him pack and sent Cloete to the garage to fetch something.

When Cloete returned to the house he realised Kotze's car was gone. He decided to wait. He then called out, but received no answer.

He only discovered Conrad's bloodied body in a room after a friend, Vivienne van der Merwe, arrived and told him to search the rooms.

He and Van der Merwe also found Ina Bonette in a bloodied and shocked state, tied to the burglar bars in another bedroom.

The trial continues.

  • christi.roestorff - 2012-11-19 20:14

    Firing squad for this excuse of a human!

      moriri.mosweu - 2012-11-20 00:10

      Refusing to plead? what? that he is from a gene pool of small pilikies?

      andre.vandeventer.16 - 2012-11-20 06:44

      An accused does not have to plead. The Criminal Procedure Act makes provision for this. Another interesting fact is that when a murder is committed or suspected, a plea of innocence is automatically entered because the State has to prove that a murder has indeed been committed.

      merven.halo - 2012-11-20 07:29

      Agree, no need for a trail, take him to the back yard, and shot him two through the head.

      johan.fou - 2012-11-20 10:34

      Re. Firing Squad: Agreed. But...did anyone ever stop to think about a few things? Firstly, he made no attempt to hide this heinous act. He therefore fully knew that the whole world was going to know what he had done. Question: What would drive a successful businessman to do such a deed? What was the trigger in all of this? How far do I...or anyone of you for that matter...have to be pushed to give up everything we have built up in our lives, and openly carry out such a vicious act of hatred...knowing that we will be found out? Just saying.

      johan.fou - 2012-11-20 10:39

      Just to clarify: I think what he planned and did with his accomplices, was truly terrible, and the punishment should be severe. Death penalty would have been great. But, what I was saying, is that something must have really been pushing this guy with incredible momentum. Which one of us have NOT thought about murdering someone sometime on our lives? (Even though we didn't/wouldn't do it.) Now, think of that person you thought of, and how bad they were/are. How much worse would it have to get for you and me to actually do the deed and openly kill and torture that person we hate/hated so much?

  • ShottaZee - 2012-11-19 20:23

    HANG HIM!!!

      gordon.trevat - 2012-11-20 08:25

      Agreed. Bring back the death penalty and hang all violent rapists and murderers in SA. This will certainly go a long way to solving the problem of having too many prisoners in jail!

  • themba.thwala.775 - 2012-11-19 20:32

    Feed this savage and his co-accused to the crocodiles already

  • lorna.m.eaton - 2012-11-19 21:00

    With a crime this evil I wish for an eye for an eye, those criminals should be terrorised, tortured, assaulted and then put to death. Horrible bastard, I hope he and his co-accused never have a single second of peace or happiness for the rest of their lives (and being "forced" to commit the crime - or any crime - is a load of hogwash too). I do hope that poor Ina Bonette (and young Conrad's friends) recover from this dreadful thing.

  • renier.lubbe.7 - 2012-11-19 21:08

    Give him shock therapy till he forgets what he has done, then give him a life sentence and place him between the worst you can get in prison and let him forever ask WHY!!!

  • willem.wulfse - 2012-11-19 21:17

    obnoxious moron.

  • ernest.lwandle - 2012-11-19 21:36

    OMG iwonder how are we going to distinguish human beings from other dangerous creatures in the near future

  • Annelize Buitendach-Roesch - 2012-11-19 21:38

    He is fit to stand trial. He knew what he was doing together with his three assistants.

      merven.halo - 2012-11-20 07:31

      No one can bully you into doing it, don't be a moron.

  • caine.abel.75 - 2012-11-19 22:01

    Let show him fogiveness like we show the rest of the criminal scum

      dracolusus - 2012-11-20 13:29

      What biblical crack have you been smoking??? Lets see you say that after that happens to you or your loved ones.

  • bonge.mpofu - 2012-11-20 04:59

    people must stop involving children in their failed relationships. the child had nothing to do with this. why kill him? he is a father, how would he feel if someone killed his child? selfish man.

  • steele.oyle - 2012-11-20 05:12

    True face of evil

  • parys.fotograaf - 2012-11-20 11:18

    A judge who enter a plea is acting outside of the law. His "legal system" might see it otherwise but in real law, he is an outlaw. This is not about guilty or not, just a simple point of law.

  • Catherine - 2012-11-21 15:19

    I hope he get's tied down and gang raped in prison.

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