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The State is expected to present new psychological evidence about
the mental state of so-called "Modimolle monster" Johan Kotze in
the High Court in Pretoria on Wednesday.
Clinical psychologist Cobus Coetzee is expected to testify about
his findings that Kotze can be held criminally responsible for
allegedly attacking his wife Ina Bonnette and killing her
19-year-old son Conrad.
The State has already
handed in Coetzee's report as evidence, but will call him to the
witness stand on Wednesday.
Kotze, Andries
Sithole, Pieta Mohlake and Sello Mphaka, are on trial for
allegedly murdering Conrad and kidnapping, assaulting, repeatedly
raping and attempting to murder Bonnette in Kotze's home in
Modimolle on January 3, 2012.
Kotze claimed he
could not be held accountable for his actions.
His three co-accused testified he threatened them with a firearm
and forced them to get on top of his wife. They said they did not
rape Bonnette because they could not get erections.
Coetzee observed Kotze at the Weskoppies psychiatric hospital in
Pretoria, with two other psychiatrists, for two months. The other
two found no psychiatric diagnoses could be made.
The State has contended that there were insufficient grounds for
clinical psychologist Tertia Spangenberg's findings that Kotze
could not be held accountable for his alleged criminal actions
because of non-pathological criminal incapacity.
On Tuesday, the State concluded cross-examining Mphaka, who
repeatedly denied looking on while Kotze tortured and mutilated
Bonnette before taking turns with the others to rape her.
Sapa - TimesLive.co.za
June 26, 2013
Johan Kotze and Andries Sithole had planned the "surprise" gang
rape of Kotze's wife Ina Bonnette, one of the alleged rapists
testified in the High Court in Pretoria.
Kotze,
Sithole, Pieta Mohlane and Sello Mphaka are on trial for allegedly
kidnapping, raping and assaulting Bonnette and murdering her
19-year-old son, Conrad, in Modimolle on January 3 last year.
Kotze claimed he could not be held accountable for his actions.
The other three claimed they acted under duress and pretended to
rape Bonnette.
Mohlane testified he met Sithole
the day before the crime and accompanied him and Mphaka to Kotze's
Modimolle house, under the impression that they had to wash a
caravan.
After their arrival, they removed and
replanted trees while waiting for Kotze's wife to arrive. Later
that afternoon, Kotze called them inside, where Sithole told them
their job was to have sex with Kotze's wife.
"He
said it would be a surprise for Kotze's wife. The surprise was
that she would have sex with three black men. Kotze and his wife
agreed that it would happen and his wife was in a hurry to see it
happen.
"Andries [Sithole] said the woman would
pretend not to know what was happening. He said she had to be tied
up and gagged... She was noisy during sex and they didn't want the
neighbours to hear.
"He told us to put pantyhose
over our heads so that she would not see our faces. Mphaka and I
said we would not do such a thing. Kotze must pay us. Then we will
go," he said.
Kotze became angry when they
refused to co-operate, pointed a firearm at them, and told them to
do as he said.
He told Mohlane and Mphaka to
stay in the cupboard while Sithole hid behind the door. Mohlane
waited in the cupboard until the heard a woman screaming.
When they came out, they saw a naked Bonnette tied to the bed with
Sithole taping her mouth shut.
"Andries took off
his pants and slept with the woman while Kotze stood next to them.
Kotze told us to get ready to sleep with that woman. Mphaka
climbed on her. He was there for about two minutes before Kotze
told him to get off and gestured that I must get on.
"I was very frightened and could not get an erection, so I
pretended to pull down my zip and lay on top of her.
"Kotze took me off his wife and told me and Mphaka to go and wait
in the kitchen. He said he was waiting for someone and he would
let us go when that person arrived.
"We asked
Andries who Kotze was waiting for. He said it was Mrs Bonnette's
child. They were busy phoning him. Andries said Kotze wanted to
hit the child," Mohlane said.
After fleeing from
the scene, Mohlane and Mphaka asked Sithole why he had taken them
there "to do such things".
"He said it was not
our problem. It was that man and his wife's problem. Those people
are not fighting any more. They were talking nicely when we left.
"I said he knew what was going to happen at Kotze's house... He
did not have to be told what to do. He already knew and gave us
instructions."
Sapa - TimesLive.co.za
April 30, 2013
There was an agreement between the man dubbed the "Modimolle
monster" and his wife that she would have sex with three men, the
High Court in Pretoria heard on Tuesday.
One of
Johan Kotze's co-accused, Andries Sithole, testified how he
translated Kotze's orders the day his ex-wife, Ina Bonnette, was
attacked in his Modimolle home on January 3, 2012.
Francois van As, for Kotze's other two co-accused Pieta Mohlane
and Frans Mphaka, said his clients were told Kotze and Bonnette
agreed she would sleep with three black men and he would arrange
it for her.
"That's what Mr Kotze told me,"
Sithole said.
He said he translated Kotze's
orders to Mohlane and Mphaka.
Kotze is accused
of mutilating and orchestrating the gang-rape of Bonnette, and of
murdering his stepson Conrad, 19. At the time Bonnette was married
to Kotze, but lived in her own flat.
Sithole,
Mohlane, and Mphaka are accused of kidnapping, assaulting,
repeatedly raping, and attempting to murder Bonnette.
Van As said that when the two men asked why they must sleep with
Bonnette they were told Kotze said his wife was not getting enough
sex from him, he was too fat, and he suspected her of cheating.
Sithole testified Kotze told him when Bonnette arrived at the
house she would act as if she did not know what was going on.
"That's exactly what [Kotze] told me to tell [Mohlane and Mphaka]."
Van As said his clients did not want to have sex with Bonnette.
They wanted their money for the day's labour, and to go home.
Sithole agreed with this statement, adding: "This was what caused
[Kotze] to become aggressive and angry".
Van As
said Kotze then said: "I don't want to hear from a kaffir. They
will do what I say or they won't leave this house alive". Sithole
agreed.
Van As said his clients felt this was
only aimed at them and not Sithole.
"I can't
understand why it would only be aimed at them... I am also a
kaffir," Sithole said.
The three agreed Kotze
forced them, with a revolver, to either hide in the closet or
behind the closet door in the room where Bonnette was attacked.
Van As said that according to his clients, Bonnette was already
tied to the bed and had her pants pulled down when they were let
out of the closet. Sithole disputed this and said all three helped
Kotze.
"What happened there was we held Mrs
Bonnette down and it was [Kotze] who tied her up."
He said Bonnette was fighting against Kotze and he slapped her.
"He told her: 'Bokkie be quiet. They won't kill you. They are good
people'."
Earlier Sithole denied helping to plan
Bonnette's rape.
"That's not true," Sithole said
when Kotze's counsel Piet Greyling put it to him that he planned
the rape, knowing Kotze would not be able to protect Bonnette.
Greyling had submitted to Sithole that he, Mohlane and Mphaka knew
Kotze was emotional and tired on January 3, 2012.
"I wouldn't know [if he was tired]," Sithole said.
He also denied Greyling's submission that the three of them did
their planning inside the house while Kotze and Bonnette were
outside talking.
Before proceedings finished on
Tuesday Judge Bert Bam gave his ruling on the State's application
to reopen its case.
"My finding is that the
application by the State passes."
Bam said he
would give his reasons for allowing it at the end of the trial.
On Wednesday, prosecutor Retha Meintjes indicated the State wanted
to reopen its case to present evidence about Kotze's criminal
accountability in rebuttal of testimony by defence witness Tertia
Spangenberg, a clinical psychologist.
She had
testified that she did not consider Kotze accountable for his
actions. He was dissociated during the attack, and suffered from a
number of conditions including narcissistic personality disorder
and major depression, she told the court.
The
defence opposed the application.
On Monday,
Greyling submitted Kotze would be financially drained if the court
proceedings were extended.
He contended the
State had made an informed decision when it failed to call
clinical psychologist Dirk Coetzee, who assessed Kotze at
Weskoppies psychiatric hospital, in Pretoria, before closing its
case.
The trial was postponed to June 25.
Sapa - TimesLive.co.za
April 29, 2013
A co-accused of so-called "Modimolle monster" Johan Kotze faked
having sex with Kotze's ex-wife Ina Bonnette, the High Court in
Pretoria heard on Monday.
"I moved up and down
as if I was penetrating her but it did not happen," Andries
Sithole said.
Dressed in a blue overall and a
green shirt, he recounted the events of January 3, 2012 when
Bonnette was attacked in Kotze's rented Modimolle home.
Kotze is accused of mutilating and orchestrating the gang-rape of
his then wife and murdering his stepson Conrad, 19. At the time
Bonnette was still married to Kotze, but lived in her own flat.
Kotze's co-accused, Sithole, Pieta Mohlane, and Frans Mphaka are
accused of kidnapping, assaulting, repeatedly raping, and
attempting to murder Bonnette that day.
Sithole
told the court how, on January 3, they worked outside Kotze's
house until he called the three of them inside around 2.45pm. They
were told Bonnette was on her way and to wait in a room.
Kotze then told them: "My wife does not get enough from me and I
want you three to sleep with her," Sithole testified.
Kotze told them to pull pantyhose over their heads, but they
objected.
"A kaffir does what I want him to do,"
Kotze allegedly told them.
"He threatened us
with a gun," Sithole said.
He testified how
Kotze covered Bonnette's head with a towel and ordered them to
help tie her to the bed.
Sithole said they did
what Kotze instructed as he had threatened them.
"We didn't know what to do."
Kotze told Bonnette:
"Bokkie don't be angry, these men won't kill you."
Sithole explained how Kotze pulled tape over Bonnette's head and
mouth. Kotze pulled down her pants and told him to pull down his
pants and prepare himself for raping Bonnette.
"I didn't know... I was shocked... I was scared. My knees were
shaking against the bed. She must have seen how scared I was."
He testified he could not get an erection and Kotze told him to
hold his penis. Kotze lifted Bonnette's blouse and told Sithole to
touch her breasts to get an erection.
"Then I
told him I can't... I constantly told him I can't do it."
He explained how he then faked having sex with her.
"He told me to climb off. I'm hopeless."
Sithole
said Kotze ordered Mohlane and Mphaka to also rape Bonnette, but
they could not and also faked it. Kotze said they were useless and
told them to leave the room.
Bonnette attended
Monday's proceedings but briefly left during Sithole's testimony.