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Coffin assault accused lied about being remorseful‚ says prosecutor

Members of the ANC demonstrate outside the Middleburg Magistrates Court in Mpumalanga ahead of the sentencing proceedings into the assault case against Willem Oosthuizen and Theo Jackson who forced Victor Mlotshwa into a coffin and threatening to set him alight. Picture: Alaister Russell/The Times
Members of the ANC demonstrate outside the Middleburg Magistrates Court in Mpumalanga ahead of the sentencing proceedings into the assault case against Willem Oosthuizen and Theo Jackson who forced Victor Mlotshwa into a coffin and threatening to set him alight. Picture: Alaister Russell/The Times

The two men convicted of forcing Victor Mlotshwa into a coffin lied when they said that whilst behind bars pending their bail application‚ they’d had an opportunity to do some introspection and felt remorse for what they had done.

This was according to prosecutor Robert Molokoane‚ who posed questions to a social worker in the High Court sitting in Middelburg on Monday.

“When they stood where you are‚ they said they see nothing wrong with what they have done‚” Molokoane put to the social worker‚ who had told the court of the mens’ remorse.

The social worker‚ who may not be named‚ had gone through an extensive report in which she detailed her assessment of the accused. In her recommendation‚ she said it would be up to the court to make a just sentence‚ but she suggested that the pair could be given a suspended sentence and undergo correctional supervision.

She agreed that a fine would allow them to continue to support their families financially – but she admitted that the accused were suitable candidates for imprisonment. She recommended that they be handed short sentences‚ after which they could undergo correctional supervision.

“The court should not destroy the possibility of rehabilitation‚” she said.

Should they be incarcerated‚ the accused requested that they be kept at the Witbank Correctional Services‚ and not in a Middelburg facility.

The two – Theo Jackson and Willem Oosthuizen – were arrested after a video they took of themselves forcing Mlotshwa into a coffin went viral.

Mlotshwa had testified that the two men suddenly attacked him as he waited to hitchhike.

The two however‚ claimed that they had found Mlotshwa in possession of suspected stolen copper cables‚ but these were never produced. After a lengthy trial‚ they were convicted of the attempted murder of Mlotshwa.

Following the social worker’s testimony‚ Oosthuizen took the stand and told that the court that he was remorseful for his actions.

“I regret putting him in the coffin and not taking him to the police station‚” he said.

Social workers intimidated by coffin assault case

Defence lawyers struggled to find social workers to testify in the case of two farm workers convicted of trying to kill Victor Mlotshwa by placing him in a coffin and threatening to burn him alive.

Speaking in the High Court sitting in Middelburg on Monday‚ Org Basson‚ for Theo Jackson‚ said the social worker they eventually found was the sixth one that they had approached.

“That is the gravity of the situation‚” said Basson‚ adding that it was not easy to be criticised for things they mentioned in court.

Wayne Gibbs‚ for Willem Oosthuizen‚ told the court that the social worker would not testify unless the court was cleared.

“The witness feels intimidated‚” said Gibbs‚ calling on the court to grant them their request.

“This is the only way for us to get the witness to give testimony‚” he said.

At least one of the men in the defence team claimed that they had been intimidated by those attending the court proceedings in the past.

Judge Segopotje Mphahlele ruled that the social worker would testify but her picture cannot be circulated in the media. Only a voice recording may be used.

The social worker will be one of three to testify in the sentencing proceedings.

Victor Mlotshwa and a commissioner from the Human Rights Commission are also expected to take the stand.

Jackson and Oosthuizen were arrested after a video they took of themselves was widely distributed on social media. The footage showed them forcing Mlotshwa into a coffin.

Mlotshwa had testified that the two men had suddenly attacked him as he waited to hitch hike.

The two‚ however‚ said they had found Mlotshwa in possession of suspected stolen copper cables.

The cables were never found.

The case continues.