Mystery over pupil’s death in cell - Wits Justice Project over pupil’s death in cell CAROLYN...
1
5 News PRETORIA NEWS WEEKEND SATURDAY MARCH 19 2011 White Star presents Sunday Soul Sessions 20 March 2011 White Star – proud sponsor of Sunday Soul Sessions featuring Metro FM DJs Wilson B. Nkosi, Paul Mtirara & Eddie Zondi Venue: Bedrock Valley in Hammanskraal Gates open from 12h00 ’till late Guest Artist: Theo Kgosinkwe of Mafikizolo After Party: Vinny da Vinci and DJ Christos For more information phone Sello: 084 951 2631 Come and chill, picnic, move and mingle. Mystery over pupil’s death in cell CAROLYN RAPHAELY T HE INQUEST into the death in custody of 14- year-old Leon Booysen, who allegedly hanged himself by his grey school trousers in a Heidelberg police cell four and a half years ago, continued this week in the Heidel- berg Magistrate’s Court. Senior State pathologist Dr Johannes Steenekamp, who con- ducted the autopsy on the boy at the Germiston mortuary in October 2006, told the court that the cause of death was consistent with hanging. However, he said he could not rule out the possibility of suffocation. Despite photographs of the body taken by Eersterust undertaker Sun Lai and his aunt, Sylvia Minies, who raised the child as her own, Steenekamp told magistrate Dawid de Bruin and prosecutor Annelie Jordaan that apparent anal injuries observed by Minies were inconsis- tent with the autopsy proceedings he had conducted. He was emphatic that there were no injuries to Leon’s hands, nails, anus or genitals at the time of the post-mortem investigation. “We always look for sodomy when a young boy dies in prison,” he said, “and there was no evidence of this.” The child was arrested and detained on charges of housebreak- ing after he was found hiding in the roof of an abandoned hostel at Emmasdal High School in Heidel- berg, where he was a boarder and a ward of the State. Former Emmasdal teacher Pieter Pretorius, who found the boy hiding behind a geyser in the roof of the disused building, told the court that on hearing noises he had called Johan Swanepoel, his head of department, to investigate and Jacky Herbst, the teacher on duty, had then called the police on the instruction of deputy headmaster Evert Pistorius. According to Pretorius, “they (the school) often called the police because this was a school for stout kinders. Usually, they took the child to the police station, took a state- ment and brought them back. “It was common to call the police because we couldn’t discipline them. It was the responsibility of the per- son on duty to find out what hap- pened to the boy… I wasn’t on duty. I just went to the hostel to see how the building and painting was going. I was going to move there when the building was complete. “No one was staying in the hostel at the time. It was empty. There was no food, nothing there. They were doing renovations. There were no locks on the windows and it was easy to climb up the pipes. Leon had put a mattress on the floor in a room on the top floor and put a TV next to the mattress. He never stole the TV. There was an empty room, a TV and the bed he made for himself. He was hiding away. He was co-operative, but he wouldn’t speak to me.” Why a minor was arrested for a small offence and held in custody for the weekend, why he was hiding and who he was hiding from are ques- tions still preoccupying Minies, an Eersterust spaza shop owner who was not informed of Leon’s deten- tion until five hours after his body was discovered. Minies, who has not yet been cross-examined, did not believe that her nephew committed suicide and was eager to discover the origins of a message Leon allegedly left in his cell. Cut neatly out of toilet paper and stuck to the floor with soap, the mes- sage stated: “I am dead, I hang myself. Beware.” Sylvia and the two friends who accompanied her to the Heidelberg police cells after being notified of Leon’s death remain mystified as to how the boy came to be in posses- sion of a scissors in his cell and why he would have written the message in English when his home language was Afrikaans. ● Raphaely is a member of the Wits Justice Project (WJP), which investigates miscarriages of justice. Sylvia Minies holds up a photo of her nephew, Leon Booysen, who allegedly hanged himself while in police custody over housebreaking charges. Questions over how teenager died in prison, and relative doubts suicide note Lotter murders: ‘I won’t get a fair trial’ VIVIAN ATTWOOD NICOLETTE Lotter – who is accused of killing her parents with her brother and co-accused Hardus, 22 – told the Durban High Court she would not receive a fair trial, as the judge knew her new lawyer, and that her new lawyer had told her she would get life. “Sorry my lord, with all due respect I’d like to say that through my constitutional rights, I am not starting my trial without my previ- ous legal representative, advocate (Theunis) Botha. “It is my right to have adequate time and facilities to prepare for my defence. I’ve already done that – with advocate Botha for almost a year consulting about my case,” she told Judge Chiman Patel on Wednes- day. Nicolette, 28, told the judge that she was not ready for trial with her current lawyer, Burt Laing. “I’m ready for trial with him (Botha), not with the new represen- tative, whom I’ve (only) consulted with recently on Monday. I feel my trial won’t be a fair trial at all.” Judge Patel observed that the matter’s long adjournment was cost- ing taxpayers money, to which Nico- lette replied: “Sorry my lord, with all due respect, to add to my request, on Monday when I consulted the same Legal Aid attorney, the new one (Laing) told me that he is a close friend of yours, my lord, and that I must tell the court that I was demon- possessed when my case happened, for my defence. “(He also said) that I’m going to get a life sentence for my case. Therefore I feel my trial won’t even be a fair trial with you, my lord,” Nicolette said. Judge Patel then admitted that he knew Laing and had lectured him 30 years ago. He said he had told Laing that it was better for him to withdraw from the case, and asked Nicolette if she would be happy if he continued as the judge in her trial. She agreed. “It is sad that the matter be adjourned over and over, especially to the Lotter family who want clo- sure,” the judge said. The siblings and Nicolette’s for- mer boyfriend, Mathew Naidoo, 24, are accused of murdering Johan, 53, and Magdalena “Riekie” Lotter, 52, in their Thames Drive, Westville, home on July 19, 2008. Judge Patel told Nicolette that if Botha was not available, another lawyer would be appointed for her. “If you don’t like it, you’ll repre- sent yourself. “If Mr Botha cannot come, this matter will proceed,” Judge Patel warned. In November 2009, the siblings’ previous lawyer, Danie Grundlingh, withdrew from the case when the court ruled they couldn’t use their inheritance to pay for his services. The case was then postponed to October 24. This week was supposed to have been the start of the trio’s trial. The Lotters and Naidoo were arrested a day after the murders at the Lotter family’s home. They had initially spun an elabo- rate tale to explain the circum- stances surrounding their parents’ deaths, but the police investigating the double homicide were uncon- vinced. Riekie Lotter was a highly regarded teacher at Grosvenor Girls’ High. Her body was found in the kitchen, her hands tied with cable ties. A sock had been stuffed into her mouth, which was then sealed with duct tape. The subsequent investigation revealed that Riekie had been shocked with a stun gun and that her attackers then attempted to inject air bubbles into her veins. When that failed, she was stabbed to death repeatedly. Johan was a senior executive at Lanxess, a chrome manufacturing plant in Merebank. His naked body was found in the corridor leading from the couple’s bedroom. He had been strangled with an electric cable. The indictment reads that the accused conspired to kill the Lotters and that all three acted, at all times, “in pursuance of a common pur- pose”. Naidoo was released into his mother’s care on bail of R20 000. He has been living at the family’s home in Phoenix for more than two years. Meanwhile, Nicolette and Hardus, who seemingly had no one to offer them a haven, have been incarcerated in Westville Prison. – Staff Reporter It’s been three years of twists and turns, including allegations of Satanism and fights over a will, but Nicolette and Hardus Lotter will appear in the Durban High Court to face charges of murdering their parents, Johan and Riekie Lotter, at their Westville home. Bid to help troubled youths IT’S BEEN a month since David Mabu, 30, left his job as manager of a food outlet in Joburg to fulfil his dream of helping troubled teens. Together with Masilo Machaka and Clement Leseru, Mabu started Untold Initiative to help young victims of drug abuse, rape, domestic violence, sui- cidal tendencies and teen pregnancies. “Many teens are afraid of speaking out. Others don’t have any money, but we are hoping that the Untold Initiative will change all of that,” said Mabu. They have set up a hotline and been able to offer counselling to children and parents. “We weren’t surprised to receive calls from par- ents about drug abuse. It’s a huge problem for teens in this country and needs to be addressed,” he said. A big problem Machaka has noticed is young peo- ple’s “addiction” to social networks. “Parents need to take responsibility and curb their kids’ ways,” he said. Help is being sought from celebrities to promote the initiative. If you are a teenager looking for help, or an adult who can help, contact the Untold Initiative team at 076 599 7999 or 072 775 3146. – Sameer Naik New low-cost SA airline cleared for take-off from OR Tambo SUREN NAIDOO SOUTH Africa’s newest low-cost air- line, Durban-based Velvet Sky, takes off next week, when it begins oper- ations in the “golden triangle” between Joburg, Durban and Cape Town. Durban entrepreneur Dhevan Pillay – who owns a chain of photo- graphic stores – is behind the ven- ture, having secured financial back- ing fromKwaZulu-Natal steel mag- nate Cecil Reddy, the boss of Macdonald Holdings. Pillay is CEO of Velvet Sky Avia- tion, which was awarded a “Class 1 Air Service Licence” in August 2009, while Reddy is chairman of the air- line. “Velvet Sky is an independent operator and the first airline in South Africa to be managed and run out of KwaZulu-Natal. We are really excited about this venture and have ambitious plans to grow, “ Reddy said. “We are a low-fare carrier that offers a refreshing flying experience topped with great service. As a start- up airline offering the lowest possi- ble ticket prices, our corporate phi- losophy mandates cost-saving through all levels of our operation. “It is this mandate that dictated Durban as our administrative hub of the business, with its lower operat- ing costs away from the bustle of our competition in Joburg.” Reddy said the cost of a ticket would “not be much more than toll fees between Durban and Joburg” (R164). “Our inaugural flight on a Boeing 737-300 will take off from OR Tambo International and land at King Shaka International Airport on Tuesday,” Pillay said. The airline begins operations with one aircraft, increasing to three in June. Visit flyvelvetsky.com UK stalker loses job as London fund manager SAPA AUSTRALIAN stalker Shumsheer Singh Ghumman has lost his job as a fund manager at a London invest- ment bank, the Cape Town Magis- trate’s Court heard yesterday. This was due to his continued incarceration in Cape Town on charges of attempted murder, con- spiracy to commit murder, malicious damage to property and attempted arson. Ghumman, 32, a chartered accountant, was convicted in a Lon- don court of harassment for stalking a South African friend he met in the UK, Hannah Rhind. When she returned to Cape Town, he followed her and allegedly petrol- bombed her family home in Clifton. He also plotted to kill a Cape Town res- ident (not Rhind). According to Cape Town police spokesman Constable Ricardo Davids the attack on the Clifton house was a “pay-back” for the harassment charge. At Friday’s proceedings before Magistrate Alta Fredericks senior counsel Billy Downer, for the prosecu- tion, said the case had been trans- ferred from the bail court. Referring to Ghumman’s abandoned bail applica- tion, Downer said: “Bail is not in our sights at the moment.” He asked for a postponement to next month, in order to complete the investigation. He said there had been plea negotiations between the state and the defence, and the “good news” was that the negotiation had been completed, while the “bad news” was that they had failed. The purpose of the requested post- ponement was to complete the UK part of the investigation and to fur- nish the defence team with further particulars to the charges. Downer said the case was very serious, and that Ghumman faced a jail sentence if convicted. Defence counsel Philip Higgo said he and attorney Gerhard van der Merwe had done everything possible to ensure that the case was finalised as speedily as possible. Higgo said Ghumman had been in custody for about two months. Yesterday’s appearance was Ghum- man’s seventh, he said. He said Ghumman was a foreigner, which placed him in an unfortunate situation in that he had already lost his job with the UK bank. This left Ghumman in an “extremely invidious” situation finan- cially, and every effort had to be made to have the case transferred to the Cape Town Regional Court at the next court appearance. Higgo asked to be excused from Ghumman’s next appearance on April 19 in the District Court as, due to the ongoing cost factor, Van der Merwe would represent Ghumman.
-
Upload
duonghuong -
Category
Documents
-
view
220 -
download
4
Transcript of Mystery over pupil’s death in cell - Wits Justice Project over pupil’s death in cell CAROLYN...
5NewsPRETORIA NEWS WEEKENDSATURDAY MARCH 19 2011
White Star presents Sunday Soul Sessions20 March 2011
White Star – proud sponsor of Sunday Soul Sessions featuring Metro FM DJsWilson B. Nkosi, Paul Mtirara & Eddie Zondi
Venue: Bedrock Valley in HammanskraalGates open from 12h00 ’till late
Guest Artist: Theo Kgosinkwe of Mafikizolo
After Party: Vinny da Vinci and DJ Christos
For more informationphone Sello:
084 951 2631
Come and chill, picnic,move and mingle.
Mystery over pupil’s death in cell
CAROLYN RAPHAELY
THE INQUEST into thedeath in custody of 14-year-old Leon Booysen,who allegedly hangedhimself by his grey
school trousers in a Heidelbergpolice cell four and a half years ago,continued this week in the Heidel-berg Magistrate’s Court.
Senior State pathologist DrJohannes Steenekamp, who con-ducted the autopsy on the boy at theGermiston mortuary in October2006, told the court that the cause ofdeath was consistent with hanging.However, he said he could not ruleout the possibility of suffocation.
Despite photographs of the bodytaken by Eersterust undertaker SunLai and his aunt, Sylvia Minies, whoraised the child as her own,Steenekamp told magistrate Dawidde Bruin and prosecutor AnnelieJordaan that apparent anal injuriesobserved by Minies were inconsis-tent with the autopsy proceedingshe had conducted.
He was emphatic that there wereno injuries to Leon’s hands, nails,anus or genitals at the time of thepost-mortem investigation.
“We always look for sodomywhen a young boy dies in prison,” hesaid, “and there was no evidence ofthis.”
The child was arrested anddetained on charges of housebreak-ing after he was found hiding in theroof of an abandoned hostel atEmmasdal High School in Heidel-berg, where he was a boarder and award of the State.
Former Emmasdal teacherPieter Pretorius, who found the boyhiding behind a geyser in the roof ofthe disused building, told the courtthat on hearing noises he had calledJohan Swanepoel, his head ofdepartment, to investigate andJacky Herbst, the teacher on duty,had then called the police on theinstruction of deputy headmasterEvert Pistorius.
According to Pretorius, “they(the school) often called the policebecause this was a school for stoutkinders. Usually, they took the childto the police station, took a state-ment and brought them back.
“It was common to call the police
because we couldn’t discipline them.It was the responsibility of the per-son on duty to find out what hap-pened to the boy… I wasn’t on duty.I just went to the hostel to see howthe building and painting was going.I was going to move there when thebuilding was complete.
“No one was staying in the hostelat the time. It was empty. There wasno food, nothing there. They weredoing renovations. There were nolocks on the windows and it was
easy to climb up the pipes. Leon hadput a mattress on the floor in a roomon the top floor and put a TV next tothe mattress. He never stole the TV.There was an empty room, a TV andthe bed he made for himself. He washiding away. He was co-operative,but he wouldn’t speak to me.”
Why a minor was arrested for asmall offence and held in custody forthe weekend, why he was hiding andwho he was hiding from are ques-tions still preoccupying Minies, an
Eersterust spaza shop owner whowas not informed of Leon’s deten-tion until five hours after his bodywas discovered.
Minies, who has not yet beencross-examined, did not believe thather nephew committed suicide andwas eager to discover the origins ofa message Leon allegedly left in hiscell.
Cut neatly out of toilet paper andstuck to the floor with soap, the mes-sage stated: “I am dead, I hang
myself. Beware.”Sylvia and the two friends who
accompanied her to the Heidelbergpolice cells after being notified ofLeon’s death remain mystified as tohow the boy came to be in posses-sion of a scissors in his cell and whyhe would have written the messagein English when his home languagewas Afrikaans.
● Raphaely is a member of theWits Justice Project (WJP), whichinvestigates miscarriages of justice.
Sylvia Minies holds up a photo of her nephew, Leon Booysen, who allegedly hanged himself while in police custody over housebreaking charges.
Questions over how teenager died in prison, and relative doubts suicide note
Lotter murders: ‘Iwon’t get a fair trial’VIVIAN ATTWOOD
NICOLETTE Lotter – who isaccused of killing her parents withher brother and co-accused Hardus,22 – told the Durban High Court shewould not receive a fair trial, as thejudge knew her new lawyer, and thather new lawyer had told her shewould get life.
“Sorry my lord, with all duerespect I’d like to say that throughmy constitutional rights, I am notstarting my trial without my previ-ous legal representative, advocate(Theunis) Botha.
“It is my right to have adequatetime and facilities to prepare for mydefence. I’ve already done that –with advocate Botha for almost ayear consulting about my case,” shetold Judge Chiman Patel on Wednes-day.
Nicolette, 28, told the judge thatshe was not ready for trial with hercurrent lawyer, Burt Laing.
“I’m ready for trial with him(Botha), not with the new represen-tative, whom I’ve (only) consultedwith recently on Monday. I feel mytrial won’t be a fair trial at all.”
Judge Patel observed that thematter’s long adjournment was cost-ing taxpayers money, to which Nico-lette replied: “Sorry my lord, withall due respect, to add to my request,on Monday when I consulted thesame Legal Aid attorney, the newone (Laing) told me that he is a closefriend of yours, my lord, and that Imust tell the court that I was demon-possessed when my case happened,for my defence.
“(He also said) that I’m going toget a life sentence for my case.Therefore I feel my trial won’t evenbe a fair trial with you, my lord,”Nicolette said.
Judge Patel then admitted that heknew Laing and had lectured him 30years ago.
He said he had told Laing that itwas better for him to withdraw fromthe case, and asked Nicolette if shewould be happy if he continued asthe judge in her trial. She agreed.
“It is sad that the matter beadjourned over and over, especiallyto the Lotter family who want clo-sure,” the judge said.
The siblings and Nicolette’s for-mer boyfriend, Mathew Naidoo, 24,are accused of murdering Johan, 53,and Magdalena “Riekie” Lotter, 52,in their Thames Drive, Westville,home on July 19, 2008.
Judge Patel told Nicolette that ifBotha was not available, anotherlawyer would be appointed for her.
“If you don’t like it, you’ll repre-sent yourself.
“If Mr Botha cannot come, thismatter will proceed,” Judge Patelwarned.
In November 2009, the siblings’previous lawyer, Danie Grundlingh,withdrew from the case when thecourt ruled they couldn’t use theirinheritance to pay for his services.
The case was then postponed toOctober 24.
This week was supposed to have
been the start of the trio’s trial.The Lotters and Naidoo were
arrested a day after the murders atthe Lotter family’s home.
They had initially spun an elabo-rate tale to explain the circum-stances surrounding their parents’deaths, but the police investigatingthe double homicide were uncon-vinced.
Riekie Lotter was a highlyregarded teacher at GrosvenorGirls’ High.
Her body was found in thekitchen, her hands tied with cableties.
A sock had been stuffed into hermouth, which was then sealed withduct tape.
The subsequent investigationrevealed that Riekie had beenshocked with a stun gun and thather attackers then attempted toinject air bubbles into her veins.When that failed, she was stabbed todeath repeatedly.
Johan was a senior executive atLanxess, a chrome manufacturingplant in Merebank.
His naked body was found in thecorridor leading from the couple’sbedroom.
He had been strangled with anelectric cable.
The indictment reads that theaccused conspired to kill the Lottersand that all three acted, at all times,“in pursuance of a common pur-pose”.
Naidoo was released into hismother’s care on bail of R20 000.
He has been living at the family’shome in Phoenix for more than twoyears.
Meanwhile, Nicolette andHardus, who seemingly had no oneto offer them a haven, have beenincarcerated in Westville Prison. –Staff Reporter
It’s been three years of twists andturns, including allegations ofSatanism and fights over a will, butNicolette and Hardus Lotter willappear in the Durban High Court toface charges of murdering theirparents, Johan and Riekie Lotter, attheir Westville home.
Bid to help troubled youths
IT’S BEEN a month since David Mabu, 30, left his jobas manager of a food outlet in Joburg to fulfil hisdream of helping troubled teens.
Together with Masilo Machaka and ClementLeseru, Mabu started Untold Initiative to help youngvictims of drug abuse, rape, domestic violence, sui-cidal tendencies and teen pregnancies.
“Many teens are afraid of speaking out. Othersdon’t have any money, but we are hoping that theUntold Initiative will change all of that,” said Mabu.
They have set up a hotline and been able to offercounselling to children and parents.
“We weren’t surprised to receive calls from par-ents about drug abuse. It’s a huge problem for teensin this country and needs to be addressed,” he said.
A big problem Machaka has noticed is young peo-ple’s “addiction” to social networks.
“Parents need to take responsibility and curbtheir kids’ ways,” he said.
Help is being sought from celebrities to promotethe initiative.
If you are a teenager looking for help, or an adultwho can help, contact the Untold Initiative team at076 599 7999 or 072 775 3146. – Sameer Naik
New low-cost SA airline cleared for take-off from OR TamboSUREN NAIDOO
SOUTH Africa’s newest low-cost air-line, Durban-based Velvet Sky, takesoff next week, when it begins oper-ations in the “golden triangle”between Joburg, Durban and CapeTown.
Durban entrepreneur DhevanPillay – who owns a chain of photo-
graphic stores – is behind the ven-ture, having secured financial back-ing fromKwaZulu-Natal steel mag-nate Cecil Reddy, the boss ofMacdonald Holdings.
Pillay is CEO of Velvet Sky Avia-tion, which was awarded a “Class 1Air Service Licence” in August 2009,while Reddy is chairman of the air-line.
“Velvet Sky is an independentoperator and the first airline inSouth Africa to be managed and runout of KwaZulu-Natal. We are reallyexcited about this venture and haveambitious plans to grow, “ Reddysaid.
“We are a low-fare carrier thatoffers a refreshing flying experiencetopped with great service. As a start-
up airline offering the lowest possi-ble ticket prices, our corporate phi-losophy mandates cost-savingthrough all levels of our operation.
“It is this mandate that dictatedDurban as our administrative hub ofthe business, with its lower operat-ing costs away from the bustle ofour competition in Joburg.”
Reddy said the cost of a ticket
would “not be much more than tollfees between Durban and Joburg”(R164). “Our inaugural flight on aBoeing 737-300 will take off from ORTambo International and land atKing Shaka International Airporton Tuesday,” Pillay said.
The airline begins operationswith one aircraft, increasing tothree in June. Visit flyvelvetsky.com
UK stalker loses job as London fund managerSAPA
AUSTRALIAN stalker ShumsheerSingh Ghumman has lost his job as afund manager at a London invest-ment bank, the Cape Town Magis-trate’s Court heard yesterday.
This was due to his continuedincarceration in Cape Town oncharges of attempted murder, con-spiracy to commit murder, maliciousdamage to property and attemptedarson.
Ghumman, 32, a charteredaccountant, was convicted in a Lon-don court of harassment for stalkinga South African friend he met in theUK, Hannah Rhind.
When she returned to Cape Town,
he followed her and allegedly petrol-bombed her family home in Clifton.He also plotted to kill a Cape Town res-ident (not Rhind).
According to Cape Town policespokesman Constable Ricardo Davidsthe attack on the Clifton house was a“pay-back” for the harassmentcharge.
At Friday’s proceedings beforeMagistrate Alta Fredericks seniorcounsel Billy Downer, for the prosecu-tion, said the case had been trans-ferred from the bail court. Referring toGhumman’s abandoned bail applica-tion, Downer said: “Bail is not in oursights at the moment.”
He asked for a postponement tonext month, in order to complete the
investigation. He said there had beenplea negotiations between the stateand the defence, and the “good news”was that the negotiation had beencompleted, while the “bad news” wasthat they had failed.
The purpose of the requested post-ponement was to complete the UKpart of the investigation and to fur-nish the defence team with furtherparticulars to the charges.
Downer said the case was veryserious, and that Ghumman faced ajail sentence if convicted.
Defence counsel Philip Higgo saidhe and attorney Gerhard van derMerwe had done everything possibleto ensure that the case was finalised asspeedily as possible.
Higgo said Ghumman had been incustody for about two months.
Yesterday’s appearance was Ghum-man’s seventh, he said.
He said Ghumman was a foreigner,which placed him in an unfortunatesituation in that he had already losthis job with the UK bank.
This left Ghumman in an“extremely invidious” situation finan-cially, and every effort had to be madeto have the case transferred to theCape Town Regional Court at the nextcourt appearance.
Higgo asked to be excused fromGhumman’s next appearance onApril 19 in the District Court as, dueto the ongoing cost factor, Van derMerwe would represent Ghumman.
