State drops bombshell at varsity rape hearing

By Hanti Otto

Pretoria – WHILE the defence and supporters of the four men accused of raping an 18-year-old matric girl were expecting bail applications yesterday, the State dropped a bombshell, announcing that the four accused might each face three charges of rape and three charges of indecent assault.

The accused are former foreign minister Pik Botha’s two grandsons, Frederik Botha, 20, Dawid Botha, 22, Lebau Botha, 20, (no relation to Pik Botha) and Ryno Holm, 19.

Three are Pretoria University students while Lebau Botha is a Tukkies drop-out.

State prosecutor Brandon Lawrence applied for a postponement, saying they also wanted to investigate information that there might be more than one complainant.

“We have also received information that this was not the first time this type of offence had occurred. We want to investigate whether the same people were involved and whether it had happened in the same hostel,” he said.

Cries of disbelief and shock rose from the jam-packed public gallery where most of the friends from Pretoria University’s Maroela residence, as well as a number of female friends of the accused, sat squashed on the benches and filling the aisles.

Mr Lawrence also alleged that families of the accused had obtained statements from State witnesses and it seemed as if these witnesses were being intimidated.

He said they wanted to keep the young men in jail so that the police could gather material evidence that could be lost if the accused were granted bail.

All the defence representatives opposed this, saying their information was that there was one complainant who was allegedly raped once. They were ready to continue with a bail application.

Deon Cloete, appearing for the two Botha brothers, accused the State of attempting to mislead the court and that their “further investigations” were just a “fishing expedition”. “They were arrested last week Thursday. Arrangements were made for a bail application today,” he said.

“The accused have the right to obtain information that will prove their innocence. When the media reported on this, several people voluntarily contacted us and gave us statements. We handed these to the State.”

Another lawyer, Casper Kruger, argued that the State had enough opportunity to prepare for a bail application. His client, Lebau Botha, denied that his family had any contact with State witnesses. “These other charges the State wants to investigate are pure speculation.

“It seems as if the State is grasping at straws just to get more sensation out of this case,” he said.

Llewellyn Curlewis, for Mr Holm, said a postponement was not in the interest of justice and the State was making “wild allegations”. Referring to the possible new charges, Mr Lawrence said: “One does not need to commit penetration to be charged with rape. One can be an accomplice.

“We allege this was a gang rape, that there was a common purpose.” There was a weekend between the men’s arrest and their first court appearance, therefore it was difficult to trace some of the students the State wanted statements from.

“The State wouldn’t place further charges if it did not have a bona fide belief that there might be a case,” he said.

Magistrate Isabel Mlaba found the court could grant a postponement if it appeared necessary for further investigation and to procure evidence.

Loud cries of “no” emanated from the crowd. The girlfriend of one of the accused cried. Other girls hugged each other while crying, and one said: “They did it on purpose!”

The uncle of the two brothers and Mr Pik Botha’s wife shook their heads in disbelief. Before the court started, the uncle told reporters he was representing the family and that his father, Mr Pik Botha, would not be there as they feared it might look like he was trying to influence proceedings. When the four young men entered the dock, their uncle hugged them.

Magistrate Mlaba postponed the case to September 22.

� All four accused earlier passed lie detector tests. They were suspended from the residence and their rooms were evacuated and sealed.

� A police spokesman said they would not prosecute the accused in the media by speculating about other possible charges.�

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