Sentencing postponed in elderly couple’s murder trial
The two men found guilty of the gruesome murder of an elderly couple on their farm near Koës in February 2018 have had their sentencing procedure delayed.
The delay is due to one of the accused, Andries Afrikaner, intending to file an application alleging irregularities in the trial.
The application is being brought in terms of the Criminal Procedure Act. If unsuccessful, sentencing will proceed once Afrikaner's application is finalised.
Giel Botma (79) and his wife Sarie (80) were brutally attacked in their farmhouse six years ago. Giel was shot dead with his own .22 rifle, and Sarie was raped and strangled with shoe laces.
Found guilty
Afrikaner and his co-accused, Julius Frederick (Lemmy) Arndt, were found guilty on 4 October on two counts of murder and one count each of rape, burglary, conspiracy and theft.
A third accused, Johannes Marcellinus Christiaan, was found not guilty on all charges and acquitted.
The Botma couple's bodies were found hours after their murder. Sarie's body was discovered in the bathroom after the door was kicked open.
The couple's vehicle was later found in the possession of Arndt and he was subsequently arrested. During the trial, Arndt testified that he and Afrikaner entered the house because it was dark and quiet and they thought they would be able to steal something.
He further testified that he later did not see or hear Afrikaner, and so he took the keys to one of the vehicles and drove away.
He denied any knowledge or involvement in the murders and claimed he did not see either of the deceased that night.
Despite this, Sarie's DNA was found on Arndt’s underwear during the forensic investigation. Arndt's DNA was also found under Sarie's fingernails.
"This clearly proves that the deceased and [Arndt] were very close to each other at the time of the incident," the court ruling stated.
Afrikaner was also found guilty of rape.
"While [Afrikaner's] DNA was not linked to that of the deceased, he was present at all times during the commission of the crimes," the judgment noted.
"He was present while the deceased was raped and did nothing to distance himself from [Arndt's] actions. This makes him a willing participant in the crimes," High Court judge Dinnah Usiku found in her ruling.
Postponed
Afrikaner and Arndt appeared again in the Windhoek High Court last week. The court appearance was scheduled for final pleas before sentencing, during which parties would present arguments for the aggravation or mitigation of the sentence. However, proceedings were unexpectedly halted after Afrikaner notified the court of his intended application.
During Friday’s appearance, Afrikaner’s legal representative also withdrew from the case and informed the court that he would not handle Afrikaner’s application.
The case was postponed by Usiku to March next year for the hearing of Afrikaner’s application.
– [email protected]
The delay is due to one of the accused, Andries Afrikaner, intending to file an application alleging irregularities in the trial.
The application is being brought in terms of the Criminal Procedure Act. If unsuccessful, sentencing will proceed once Afrikaner's application is finalised.
Giel Botma (79) and his wife Sarie (80) were brutally attacked in their farmhouse six years ago. Giel was shot dead with his own .22 rifle, and Sarie was raped and strangled with shoe laces.
Found guilty
Afrikaner and his co-accused, Julius Frederick (Lemmy) Arndt, were found guilty on 4 October on two counts of murder and one count each of rape, burglary, conspiracy and theft.
A third accused, Johannes Marcellinus Christiaan, was found not guilty on all charges and acquitted.
The Botma couple's bodies were found hours after their murder. Sarie's body was discovered in the bathroom after the door was kicked open.
The couple's vehicle was later found in the possession of Arndt and he was subsequently arrested. During the trial, Arndt testified that he and Afrikaner entered the house because it was dark and quiet and they thought they would be able to steal something.
He further testified that he later did not see or hear Afrikaner, and so he took the keys to one of the vehicles and drove away.
He denied any knowledge or involvement in the murders and claimed he did not see either of the deceased that night.
Despite this, Sarie's DNA was found on Arndt’s underwear during the forensic investigation. Arndt's DNA was also found under Sarie's fingernails.
"This clearly proves that the deceased and [Arndt] were very close to each other at the time of the incident," the court ruling stated.
Afrikaner was also found guilty of rape.
"While [Afrikaner's] DNA was not linked to that of the deceased, he was present at all times during the commission of the crimes," the judgment noted.
"He was present while the deceased was raped and did nothing to distance himself from [Arndt's] actions. This makes him a willing participant in the crimes," High Court judge Dinnah Usiku found in her ruling.
Postponed
Afrikaner and Arndt appeared again in the Windhoek High Court last week. The court appearance was scheduled for final pleas before sentencing, during which parties would present arguments for the aggravation or mitigation of the sentence. However, proceedings were unexpectedly halted after Afrikaner notified the court of his intended application.
During Friday’s appearance, Afrikaner’s legal representative also withdrew from the case and informed the court that he would not handle Afrikaner’s application.
The case was postponed by Usiku to March next year for the hearing of Afrikaner’s application.
– [email protected]
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