Coffin assault trial

Slootvreter

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And now... using their method? Didn't he get a house and a cow?

The law is the law. No place for vigilanty justice. Assault, intimidation and kidnapping charges definitely should stick. The only thing keeping this conversation alive is some people including myself querying the attempted murder charge.
Yeah, a house and a cow, and a dacade + in jail for each of them. More laughable.
 

marine1

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Sep 4, 2006
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So leave to appeal refused and bail denied.
This Magistrate is just setting the stage for a showdown that will be lost by him / her
 

Hemi300c

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If this does get turned around, and it ought to be (the Attempted murders and possibly kidnapping) the magistrate should be docked with the extra costs.
 

schumi

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Coffin case 'has been affecting me emotionally' - Victor Mlotshwa


Middelburg – Coffin assault victim Victor Mlotshwa says returning to court and seeing his attackers fighting for freedom has been an emotionally taxing ordeal.

"I was shocked yesterday (Wednesday) when I heard that they are appearing in court today. Coming to court for the case has been affecting me emotionally," said Mlotshwa outside the Middelburg Magistrate's Court on Thursday.

Mlotshwa said he was still pursuing a civil case against the men.

On Thursday, Judge Segopotje Mphahlele refused to grant Theo Jackson and Willem Oosthuizen bail.

Jackson and Oosthuizen, who were convicted of assault, attempted murder, kidnapping and intimidation, brought the application for bail pending the outcome of the application for leave to appeal.

Mphahlele said she did not believe there was any prospect of success at the Supreme Court of Appeal for the duo and that another court would not come to a different conclusion.

The pair argued that they had petitioned the Supreme Court of Appeal for leave to appeal against both the conviction and the sentences.

Packed court

The men were sentenced to 11 years and 14 years respectively behind bars for forcing Mlotshwa into a coffin and threatening to pour petrol on him.

After their sentencing in October, they applied for leave to appeal, but their application was dismissed by Mphahlele.

The courtroom on Thursday was almost packed to capacity with Mlotshwa and his mother seated in the front row of the public court gallery.

In a joint affidavit, read by their lawyers in court, the pair said in the event that their application for bail pending appeal was dismissed and their appeal was successful, they would have been "deprived" of their freedom.

They also said should the appeal be unsuccessful, there would be "no harm or prejudice" that would be suffered by the State or anyone. They said they would go back to prison and serve their terms.

They believed that another court would come to a different conclusion.

'Humiliating, disgusting' conduct

But prosecutor Robert Molokoane said the bail application was premature.

He argued that there were hundreds of applications from individuals petitioning for leave to appeal their sentences and convictions. He said should the pair be granted bail, then the other applicants should be heard as well.

Following the judgment, one of the coffin assault duo's wives wept while being comforted by the other wife.

In October when Mphahlele handed down the sentences, she said the conduct of the two men was "humiliating and disgusting".

The incident was filmed and when the video went viral on social media, it sparked an outcry and demands for justice.

Mphahlele said their conduct went against the spirit of the Constitution.

The pair's initial bail was revoked shortly after sentencing.

News24
https://www.news24.com/SouthAfrica/News/coffin-case-has-been-affecting-me-emotionally-victor-mlotshwa-20171207
 

Drifter

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Following the judgment, one of the coffin assault duo's wives wept while being comforted by the other wife.
I have come to notice that they can act just as well as "injured" soccer players. Pftt. This is a witch hunt.
 

Slootvreter

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I have come to notice that they can act just as well as "injured" soccer players. Pftt. This is a witch hunt.
Jisses you should see how they carry on when there's an accident involving a taxi. A friend of mine drove into the back of a taxi that suddenly stopped on the Kuilsriver offramp on the R300, and a traffic police vehicle drove into him (what are the odds). Very low speed accident, could see damage on the taxi that was not already there, friend's bakkie was fine, lost a numberplate and foglight.

So the cop comes and does a report of what's happening, and takes notes, and all of a sudden all the taxi passengers have neck and back injuries :crylaugh:

The cop told them in no uncertain terms to stop acting, they walked away, and got into another tax. :rolleyes:
 

schumi

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Mar 26, 2010
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SCA grants coffin assault duo leave to appeal sentences, convictions

Bloemfontein – The Supreme Court of Appeal (SCA) has granted convicted coffin assault duo Willem Oosthuizen and Theo Jackson leave to appeal their sentences and convictions.

"Leave to appeal is granted against conviction and sentence to the Supreme Court of Appeal," the SCA said in an order dated February 2.

The move comes after Judge Segopotje Mphahlele dismissed the pair's application for leave to appeal following her judgment in the High Court sitting in the Middelburg Magistrate's Court in October 2017.

Jackson and Oosthuizen – the men who forced Victor Mlotshwa into a coffin – will spend 11 years and 14 years respectively behind bars.

When Judge Mphahlele handed down the sentence, she said the conduct of the two men was "humiliating and disgusting".

They had forced Mlotshwa into a coffin and threatened to pour petrol on him.

The incident was filmed and when the video went viral on social media it sparked an outcry and demands for justice.

Mphahlele said their conduct had gone against the spirit of the Constitution.

News24
http://www.news24.com/SouthAfrica/News/coffin-assault-duo-granted-leave-to-appeal-sentences-convictions-20180206
 

schumi

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Mar 26, 2010
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Victim in disbelief after coffin assault convicts granted leave to appeal

The man who was threatened with death and forced into a coffin by two farm workers in Middelburg‚ Mpumalanga‚ on Thursday said he was shocked to hear that his attackers had been granted leave to appeal their sentence.

Theo Jackson and Willem Oosthuizen will be presenting their case before the Supreme Court of Appeal‚ where they are hoping to have their convictions and jail sentences overturned. The court issued the order on February 2.

"It is shocking news and‚ no‚ I didn't know about it until you told me now. But it's my battle and I am ready to fight it‚" Victor Mlotshwa told TimesLIVE.

His biggest concern was how his ailing mother would take the news as several times during the trial‚ she was led out of the courtroom after having emotional outbursts.
More at : https://www.timeslive.co.za/news/south-africa/2018-02-08-victim-in-disbelief-after-coffin-assault-convicts-granted-leave-to-appeal/
 

schumi

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Mar 26, 2010
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2 men convicted for coffin assault lose bid to be released on bail

Convicted coffin assault pair Willem Oosthuizen and Theo Jackson have lost another court battle to be released on bail, pending their leave to appeal on their convictions and sentences.

"The applicants’ application for leave to appeal the refusal by the court below (High Court) to grant bail is dismissed on the grounds that there are no reasonable prospects of success and there is no other compelling reason why an appeal should be heard," the Supreme Court of Appeal ruled on Friday.

Oosthuizen and Jackson approached the SCA for leave to appeal the refusal of their bail application after they were sentenced last year.

Not in interests of justice

However, the court said it was not in the interests of justice that the pair be released. The matter is likely to be heard later this year.

The SCA said counsel on behalf of both the applicants had conceded that race was a factor that impacted on the case.
More at: https://www.news24.com/SouthAfrica/News/2-men-convicted-for-coffin-assault-lose-bid-to-be-released-on-bail-20180601
 

schumi

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SCA amends conviction, sentences of ‘coffin case’ pair

The result was that Willem Oosthuizen and Theo Jackson was sentenced to an effective five years’ imprisonment. The Supreme Court of Appeal (SCA) has amended the conviction and sentence of Willem Oosthuizen and Theo Jackson – the pair involved in the so-called “coffin assault” case in 2016 – setting aside their attempted murder and intimidation convictions. The pair were found guilty of assault with intent to do grievous bodily harm, kidnapping, attempted murder, intimidation and defeating the ends of justice in 2016 when a video surfaced of them forcing Victor Mlotshwa into a coffin after accusing him of trespassing and theft.
More at : https://citizen.co.za/news/south-africa/courts/2213817/sca-amends-conviction-sentences-of-coffin-case-pair/
 

schumi

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Mar 26, 2010
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'I feel betrayed': coffin assault victim as attackers' jail time cut drastically

A man who was forced into a coffin and threatened with death by farm workers who claimed he stole copper cables is hurt after discovering that their conviction for attempted murder has been overturned.

The high court in Middelburg had in 2017 sentenced Willem Oosthuizen and Theo Jackson to 16 and 11 years behind bars, but they will now serve five years. They have already sat for two years so could be eligible for parole next year.

Victor Mlotshwa told TimesLIVE on Tuesday that he had just heard the news.

The Supreme court of Appeal (SCA) overturned the convictions on Monday.

“I just received the outcome of the case now, as I was watching the news,” Mlotshwa said. “It is so painful and hurtful to me. I knew they were appealing but I didn’t expect this. I feel betrayed because I just don’t understand,” he said, his voice breaking as he fought back tears.

"I feel like there is another hand at play. For now, I need to go and sit down with my mother and tell her the news. I don't know how she will take it because this means soon these people will be back on the streets," he said.
More at : https://www.timeslive.co.za/news/south-africa/2019-12-03-i-feel-betrayed-coffin-assault-victim-as-attackers-jail-time-cut-drastically/
 
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