Waterkloof-four wrongfully imprisoned…
N.B. If you are interested in the original court documents, please leave a comment so that I can get your email address.
NEW: The victim may have received medical attention (click here!)
For some time now I have been trying to get to the bottom of a politically charged and highly publicised case that was “concluded” towards the end of 2008. This case was followed by just about everybody and the unity among the sheeple was epic.
The case that I am referring to is none other than the infamous Waterkloof-Four sensation. The case has become a bit of a go-to reference for the decay of our youth, but the fact is that this story has never been told accurately and it is definitely far from over. The blatant abuse of justice and the now apparent corruption must be exposed for all to see. I have followed this case from inception and I have probably read every piece of print as well as every shred of official court document relating to this case and the funny thing is that they are almost irreconcilable.
There is no doubt that everybody has an opinion about this case and although we probably can expect some fanatical responses and the typical self-justifications, I believe that you would do yourself a great disservice if you do not at least read the summary of the facts that I allude to. It would not be realistic to discuss all the blatant errors made by Magistrate Len Kotze, but the full analysis of his judgement can be found here. The original court documents are available to anybody would like to read them and I defy anybody to prove me wrong. Up to this moment not even the judges involved has managed this.
The truth is that this case was an awe-inspiring victory for the media. The media blinded an entire nation whilst the judges delivered one the most shocking judgements of their careers. How many facts did you really read about? We know exactly what they wore at any time and there were references to their perfume, hairdos and white shoes. We know they were “arrogant” even though they never said a thing. Yet we do not know what really transpired that fateful night. If you think about it: what we “know” is nothing more than implied images, skilfully created by sensation-hungry reporters knowledgeable of the fact that truth does not sell. One thing is undeniable: the media managed to unite a nation, across more denominations than I care to list, in the condemnation of four youngsters we knew nothing about.
In summary, they were convicted of two counts of assault and one of premeditated murder. They did admit to assaulting an unknown man in a park in Moreletta Park, but they vehemently denied the first assault as well as the murder. In my report I show that the first assault probably never happened on the night in question and to be truthful the State prosecutor admits that much at the end of his examination of this incident. If indeed it did take place it happened on another night and could not, in all likelihood, have included the same group of people. It might surprise you to realise that there were at least ten people involved that night, but this specific grouping of people is unique in time. Even the “W4 gang” was a unique grouping that night.
Once the first assault is knocked out then this entire case becomes suspicious to say the least. Without the first assault the “murder” would have to be downgraded to an opportunistic version of manslaughter and that would have meant that the State could not make an example of these individuals. I do realise that we love to hate people that seem to be better off than ourselves, but you have to keep the consequences of a corrupt judiciary in mind when looking at the facts. Thanks to Hlophe and Zuma we are already starting to see the effects loud and clear.
The individuals did assault the victim and it is entirely conceivable that a person could die from such an assault, but to prove that we have to scrutinise the physical evidence very carefully. The body used as the “murder victim” was in pristine condition barring a gaping wound on the back of his leg. The post mortem report of the victim indicated no other serious wounds other than the gaping hole in the back of his leg. Cause of death was blood loss over an extended time. No bruising, no broken bones, no blood from the nose or ears, no broken skin, no dirt or grass indicative of a struggle on his face or body, no broken teeth and the tiniest amount of blood on the scene.
Two specialists indicated that a person of similar build as the victim would have to lose 5-6 pints of blood to bleed to death. More than 3 litres of blood is a lot of blood to mysteriously disappear. The direction of blood flow on the victim’s body as shown in some of the crime scene photos also seem to indicate that the body may have been moved after death. This is significant because the State witnesses testified that the position that the police found the body in, is exactly the same as it was left the previous night after the assault. If we consider that someone did move the victim to the park after his death, it could explain the absence of blood at the apparent crime scene but then raises more questions for this case. All this is handled extensively in my report. This is merely one indication that the learned magistrate did not remove all possibilities in his findings and as such could not have proven guilt beyond a reasonable doubt.
The conundrum is that the sentence was based on the intentional and brutal murder of a homeless individual, but there is absolutely no indication of either of the chosen pillars of this sentence. As for the “homeless” individual, you should know that this supposedly derelict individual was dressed in good quality clothing with expensive athletic shoes. He had a wallet on him with money in it. He was in generally good condition prior to his death. The police also found stolen objects around him that were positively linked to a house robbery a significant distance away from the park where he was found. One of the medical experts in the case did testify that the wound on the victim looked more like a wound made by falling on a palisade fence and the property where the items next to him were stolen did have just such a fence. This is a clear example of how the media manipulated people’s emotions to steer attention away from the travesty taking place under our noses.
So what does this mean then? There are many unanswered questions about the events of that night, but if we are to assume a fair and independent judiciary then the four young men implicated could not have been convicted of any of the charges brought against them. However, the true mystery is how this case traversed four levels of court and why these learned judges refuse to answer my questions? The only judge to respond was Judge President Bernard Ngoepe who condescendingly claimed that it is irrelevant if judges are wrong (see fax). No legal professional wants to touch this case and so far academics are too scared to open Pandora’s Box. Do we really know what goes on in the halls of our respected, honourable and trusted judiciary?
Should you be interested, I can provide all documentation on a disc if you leave a comment to that nature. This would include all documentation entered into court, judgements, photos and correspondence with the JSC and various other organisations that chose to ignore this corruption.
The Waterkloof four victim may have received medical attention
Posted on 17 June 2009, in politics, Waterkloof-four and tagged 2010, anc, Appeal, Christoff Becker, Constitutional, corrupt, corruption, Frikkie du Preez, Gert van Schalkwyk, High, hlophe, injustice, JSC, judges, judiciary, Magistrate, politics, prison, Proudly South African, Reinach Tiedt, South Africa, w4, waterkloof 4, waterkloof four. Bookmark the permalink. 84 Comments.
I would like to find out what your comment is regarding the parole granted to the two accused members. If you would be so kind to answer me via the given e-mail adress i would appreciate it.
Hi Charles
I think that your blog is insightfull and does ask the relevant questions. Allot is sensationalised in the media and the truth is always burried. I’m glad tehse guys are home and I think that they did the right thing in taking on DCS. If Shabir can go home on “medical leave” why cant they also use their rights and go home on correctional supervision.There is such allot of overcrowding in prisons and corrcetional supervision is the way to go,especially in casses like these. I would apreciate it if you could send me the relevant documentaion on their conversion application and awell as the actual court judgement on their conversion.
Hallo Charles,
Sou dit moontlik wees om aan my die hofdokumente in elektroniese vorm te stuur? Ek het die saak noukeurig gevolg, aangesien een van die seuns voor my grootgeword het. Ek het al jou verslae en analises gelees en wil nou eens en vir altyd die twyfel oor die saak uit my kop probeer kry deur self na die hofdokumente te kyk en my eie opinie te vorm. Indien jou analise korrek is (en ek het nie tans rede om dit nie te glo nie), dan het ons hier met ‘n baie ernstige situasie te doen.
Ek hoor graag van jou.
Groete,
Hennie
I would appreciate it if you would send me the court documents, the more people spreading it around the less likely they can keep it secret how they set up these youths for a murder they never committed
Truth be told this case just became miles more interesting than it ever was when the actual trial was underway.
From a legal point of view, and based on the (at this juncture irrelevant) facts and evidence Mr Scheepers eluded to in his initial post, I fully agree with his finding that someone left a very large rat somewhere, for a very long time.
Furthermore, with my full apology to all the other commentators on here, you are all only out to make your own points, and thus no one is sticking to the facts and are conduced in subjectivity as opposed to an objctive opinion. Please don’t worry about this too much, as It would appear that not even the judiciary was spared this fate…
I never followed the trial, and I myself would have been the first person to grin at the demise of the infamous W4 at that time. However, having witnessed what unfolded the past week, in what can only be described as irregular…in the strictest sense of the term, coupled with Mr. Scheeper’s presentation, one can not but wonder whether something was indeed amiss.
I don’t really care for them as people, nor do I care about their welfare. I still view them as arrogant children, but facts, rather than opinion is what the law is all about, and that has and always will be the difference between the masses complaining about the law and justice in our country as opposed to those mandated to maintain the legal balance.
Doesn’t matter how you look at it, it boils down to facts, and the fact in this case is that their guilt could, and should never have been proven beyond reasonable doubt on the evidence presented.
What baffles me even more is that the high calibre legal team they had representing them, never insisted on them being represented individually, as this is the norm in criminal trials, and the first thing tought in Criminal Law. Combine the latter with their failure to present the evidence for the inaccuracies it contained, and you may be forced to be occupied with thoughts of a conspiracy of some sort. Well, maybe that was taking it a little far, but that just goes to show the power the media really has, in that the opinion of the public was fead by news agencies, to such an extent, as to create the illusion that a not-guilty verdict would be unthinkable.
Interesting Mr Scheepers…
Would be interesting to hear your views on whether they qualify for parole or not. What i know is that they must have served at least half their sentence as their crime involve violence, and perhaps give examples of any poor offender having received parole on the same conditions. As for the conviction, nothing you can do as it seems you are more enlightened than all the judges involved. I dont take the submission that they were kids when they committed the crime. Surely they were allowed to drink like adults, were given cars to drive to pubs and taught Black life was nothing but cheap. In the US a criminal who committed a serious crime like murder would be tried like an adult and possibly sentenced to death. Why are people so quick to involve emotions and race when farmers are killed but not this crime. Surely all criminals must be locked up whatever their motive
This is my opinion and I am not blind to the possibility that I might be wrong. It is just that I can not find anybody willing to discuss the details without getting lost in the emotional swamp that is this story. This story covers many aspects and I think it warrants a proper discussion, but we prefer to stick our heads in the sand chanting certain things that the media fed us. Regarding their sentence conversion: According to my knowledge they followed all the rules and they were recommended by the very same prison officials that now want to get them back.
The way I understand the rules governing this fiasco: They can apply for parole after half of their sentence (276A of CPA). The contention is whether parole is considered a date of release and previous court cases (and two courts recently) found that it was logical. So for corrective supervision they should have served a quarter of their sentence (Sections 73(6) and 73(7) of the Correctional Services Act) (check) and the date of their release should not be more than 5 years in the future (debatable check) and their behaviour and progress should support it (apparently check).
This is a comment on some of the public replies I read below.
It is fascinating to watch people throw all reason and logic overboard the moment race becomes involved in any South African issue. Often, as is the case here, race has nothing to do with the essence of the situation except that we live in a racially polarised society and we are acting like seven year olds on a playground going on about how your incorrect actions are at the very least excusable, if not acceptable, because of what somebody else did wrong.
As I have made clear in previous posts I do not support parole for the crime, yet I find the treatment of these two since the court have (incorrectly, I believe) ordered their freedom nothing short of a human rights violation.
Whether the victim in the case (for surely the state had the wrong body) received medical attention, recovered with long term neurological and other injuries, was found and succumbed to his injuries and ended in the mortuary and after that on a pile of unsolved murders, or whether he is simply avoiding coming forward due to some sinister reason of his own, has very little to do with what the court outcome should be in this case. They admitted to a violent assault with a hammer bashing in another person’s skull.
Now I have taken into consideration the points Charles made in a previous reply. They were young, admittedly stupid, the physical evidence fell short of proving murder, it was their first offense and that prison is definitely not, as Correctional Services so love to claim, a suitable institute for rehabilitation.
I can’t disagree with any of those points.
However, in Grade 1 they taught us to compare apples with apples and all of us have long since finished school. We are no longer children, yet, when race becomes an issue we lose sight of logic and basic reasoning abilities and revert to what this blog often calls something like “stupid, emotionally driven decisions”.
So, drum role please, for a non-racial context.
It is in no way acceptable to compare white collar crimes (darn, was I just forced to attribute a color to a crime?) to violent crimes.
I condemn fraud and corruption in the strongest terms. It shows a lack of sound moral and ethical values and it certainly makes one unfit to have any form of a leadership role in society.
Let us evaluate the case of Selebi. He received R150 000 and some dollars for his fraudulent activities. He was sentenced to 15years in prison. This is notably more than the Waterkloof 4 who assaulted a man to such a degree that there is a question mark over the fact of whether he survived or not.
Is that what we equate human life and integrity to? R150 000?
Shaik also received a lengthy prison sentence for his actions of which he served about three years before (in my mind incorrectly) being released on medical parole. He did not commit a violent crime. He did not directly cause the death of a person or undermined a person’s right to living and functioning in a secure and safe environment.
Can the same be said for Clive Derby Lewis?
The justice system is often inconsistent in the sentences they hand out. Admittedly it is not something to be proud of. If, however, you want somebody with any influence to listen to you and assist in bringing about policy and social change gather appropriate and relevant information and make a sound case which is hard to tear to shreds. All the emotional terms and accusations may make the front page of Beeld or into a Pieter Mulder speech but it isn’t bound to change the attitudes of too many people who can assist in rectifying the injustices.
Now, let us look at the flip side of the coin, somebody who allegedly did commit a violent crime, in fact the assault and murder of the person many people like to call “a great Afrikaner leader” who is of course nobody else than the (in)famous Eugene Terreblanche.
It is less than ideal to use an example which hasn’t gone to court and in which many facts remain speculative at best, but I cannot think of another, recent, high profile case to make the point.
The word of Terreblanche’s death had hardly hit the newspapers and already the term “Afrikaner genocide” was doing the rounds everywhere. It is certainly possible that somebody could want to murder him for the mere fact that he is the epitome of the apartheid Afrikaner. After the election in 1994 he certainly didn’t embrace the chance of reconciliation in the country and start treating all cultures with dignity and respect. He did quite the opposite. He did the opposite so well he landed himself in jail for the assault of a petrol station attendant. Appearantly some Afrikaners (oh, who are we kidding, let us call them whites) do make it out of prison.
This should probably be where the story ended. He lived happily ever after on his land in peace with his neighbors and farm
workers. Terreblanche sure loved white horses but this is no fairy tale. The accusations of racial disputes and violations against blacks continued.
Now, as I am not a supporter of the death penalty I don’t think it appropriate that anybody killed the man for whatever crimes he committed or ideologies he embodied.
Life isn’t quite that simple. Now I am a bit on factual no mans land as none of this has been proven to be true or false and ruled on by a court.
According to the adult defendant he went to the police to report Eugene Terreblanche and ask assistance for crimes Terreblanche allegedly perpetrated against him. This being Vryburg and Terreblanche the great leader on the white horse they send him away and nothing came of it.
In the case of the accused minor allegations of sexual assault have made it into the public arena.
Even if these allegations are true the accused deserves some sort of a prison sentence. Vigilantes are frowned upon by democratic societies with functioning judiciaries.
Let us then suppose, taking into account all the mitigating circumstances and that this murder was not committed based on the fact that Terreblanche was white but that he committed horrible crimes which the police refused to investigate, that the two accused each receive a twelve year sentence. After three years they are granted parole on grounds of their excellent behavior and progress made in jail.
Will Afrikaners find this acceptable or will they now accuse the Department of Correctional Services in aiding Afrikaner genocide?
Surely if we can give every white murderer the benefit of the doubt these two should receive empathy for the tragic course their lifes took at the hands of a white man who is known to assault and perpetrate against black people.
No, I don’t support any criminal whether they are black, white, Indian or Chinese. What I am trying to say is that white farmers are murdered on what seems a weekly basis but I also realise that scores of farm workers are murdered each year. Farmers are essential in supplying the country with food but they can’t plant and harvest on their own. They are intricately dependent on workers to achieve this goal. Sadly we live in a society where the death of a farmer is viewed as a tragedy but when a worker is murdered it is viewed as simply an easily replaceable part in the manufacturing chain.
Look passed race and color. Judge each action and each crime for the violation it is, not for the political plaything we would like it to be.
South Africa should not be focusing and arguing about violations of Afrikaner rights and African rights, in the end we are all human and as such only human rights should prevail.
So now our wonderful prison system decides to ignore 2 court orders. If anyone still believes there is fairness and justness in our legal system then they are seriously mental. Why does the prison authority want to appeal the release order? They achnowledge Gert and Reinach have been model prisoners so what are they not telling us? Is someone else pulling the strings here? Do court orders mean anything in this country anymore? Should I be surprised? I guess not. Clive Derby Lewis qualified for release years ago and look at where he is still sitting. Then you get Sheik and now Selebe….seems if you are white and in the prison system they will keep you there at all cost. Be associated with the corrupt ANC and then suddenly you are out of prison before you even get in. This makes me sick!
Were the Waterkloof Four youths convicted of murder with ‘the wrong body” ? http://censorbugbear-reports.blogspot.com/2011/12/were-4-afrikaner-kids-convicted-with.html
Hi Charles,
Ek sal dit baie waardeer as jy vir my ook al die inligting kan stuur. Ek sak my kop in skaamte omdat ek een van die skape was wat blindelings als geglo het wat in die media gese was.
Dankie
Thorough job of reporting with all the documentation which we can read ourselves. Thank you.
I cannot believe that anyone that the pathologist ststed that the organs looked pale without doing a post mortem Hb level, not all anemias are secondary to massive haemorrhage! The presence of an (?acute) subdural haematoma implies a certain measure of trauma.
Ek hoop ALLE boelies leer hieruit n les!!!
Hey Charles,
Stuur asseblief vir my die inligting. Ek volg die saak al van die begin af en stel belang in wat jy by mekaar gesit het. Is die 2 al uit die tronk? Laaste wat ek gehoor het is dat hulle nog sit oor die ander kant appel hof toe wil gaan?
Groete
I just read through the replies people left to your post.
Perhaps I should state it clearly that an incompetent judiciary is anything but desirable. It is a danger to society. From what I read I do not believe the body that was found belonged to the victim due to the lack of appropriate injuries as supported by accepted testimony and evidence. The court might very well have made an incorrect judgment in that regard.
However, sentencing the accused to jail was the right punishment for the wrong reasons. Many replies believe the four should have gone free, with no punishment and that they were completely innocent.
I stand by my point that they committed a violent crime that may very well have resulted in the victims death.
Violent crime is on the increase in South Africa. Look at the crime statistics. Spend one Friday night in a trauma ward at a government hospital. Assault and murder has become something of a national sport. Victims are often dead or have severe, long-term or even life-long injuries.
If anything I think the justice system generally isn’t strict enough on violent crime. Follow the stories of prisoners released on parole coming out of jail and raping and murdering within the first week they are free.
Everybody is equal before the law. In my opinion all violent crimes should be punished as severely as was the case here.
Two of the accused were released on parole today. From the many testimonies of their good character and the successes they achieved while they were in jail it is my sincere hope that they will accept the time they served as a suitable punishment for the assault they admitted to, and that they will take this second chance they received and make the very best of it and not re-offend, proving my theory that violent crimes should receive stricter sentences and conditions for parole.
On a slightly different note I should say that nobody commits only good or only bad acts in their lifetime. This makes it almost impossible to judge a criminal justly. Friends and family believes only the good, the media and general public mostly believes only the bad. Reconciling the two sides is almost impossible.
I enjoy your opinion and agree with you on many aspects. I am not convinced that jail was the best thing for them because of various reasons. Firstly, prison is not a place of rehabilitation and anybody that has a chance of learning from their mistakes should be assisted in that sense. Secondly, they were 15 and 16 years old. Kids being stupid. Does not make it right in any way but it should be considered. They were also first-time offenders. There was no evidence of any of the violence and malice that the media likes to flaunt so much. In fact given the obvious lack of injuries on the body the state used, I would not be surprised if they were instructed to ramp up the attack that they were accused of to highlight the error. Without being there we can not in any way judge that actual event and therefore the physical evidence should speak the loudest. If we were to discount all emotion and assume a free and fair judiciary, would the sentence still be the same? I do not believe so at all.
I’m certainly not a legal expert, and I would love to see all the evidence, but the facts of this case (as is accurate and true according to what I read here) is:
>The four accused assaulted a man (on at least one occassion) with no regard for his life or the outcome of the attack.
>One accused kicked the victim hard enough to leave an indentation in his steel-tip shoe
>The victim was hit on the head with a hammer at least twice
Now my question: I believe it is quite plausible that the victim could succumb from the single attack described above. Yet, had he by some twist of fate / miracle not died should the punishment of the accused be less severe?
The accused did not take the victim to hospital or offer any other form of assistance to minimise the effect of his injuries or save his life. Had the victim remained in the park and died the murder charge would stand. However, if the victim was found and received any form of life-saving treatment from paramedics or at hospital the fact that he is alive must be attributed to medical professionals and should (in my humble opinion) not be a contributing factor in awarding the accused lesser sentences.
From the nature of this attack it is clear that even if the victim survived he may have serious injuries of a permanent nature, such as is quite likely with a hammer attack, skull fractures and brain injury. (The defense use the lack of skull fractures and brain trauma in an attempt to prove that the supposed victim in the case is not the correct victim.) Is it at all possible that the victim hasn’t come forward to report the attack or testify because his injuries does not allow him to either remember or comprehend what happened that night?
Everybody makes mistake at some point. I think the honorable thing is to admit it, accept the consequences, make amends and start over and do better when you receive a second chance.
However, from what I have read here the accused is yet to admit the serious nature of what is obviously a very severe crime and should have serious consequences.
Portraying them as innocent people who had their lives destroyed is inaccurate.
Interestingly enough in the many, many comments I read supporting the accused none ever mentioned thinking about or supporting the victim that was assaulted, irrespective of whether he is dead or alive.
Please note that this comment is based on the limited facts I gathered here and from the media. Should you have evidence I did not have available to me that might influence my opinion differently I will be more than happy to reconsider my position on the matter.
I don’t live in SA but sort of followed this case on an off – always felt there was just too little hard facts and to much speculation – what a relief when I came across your site today.
Thank you and may the Most High shower you with abundant blessings for your continued effort in this case.
It is very sad that these boys have paid and are still paying such a heavy and unreasonable price for their irresponsible behaviour that night. They admitted their wrong doing (for what they did) and in a fiar world, there should be punishment for that – punishment fit for the crime… Arrogance, just like ignorance, is not a reason to punish somebody..
I am not sure it will ever be clear why this case turned so badly – but from some of the comments above, I think it is clear that these boys have touched people’s lives… let us continue this plight to help them return to some sense of normalcy once they are all home..
Hi Charles,
I would be keen to have the transcripts.
Just a thought, could you get someone to direct a movie about this incident. That may raise the profile somewhat and may further the goals.
The quality of reporting these days is abismal, News24 is one classic example; poor facts, misleading articles, ambiguous statements, cut and paste of other articles, sensationalism, poor spelling and grammar (in the day of spell and grammar checks). I fear that the profession needs a cleanup and reporters need to be accountable, trail by media is not the cornerstone of any juduciary.
This is a load of Bull, these kids appealed and their appeal failed. They were tried in the courts and to try to make it out that they are in prison for some political purpose or as a result of a corrupt system is just absurd.
They used every bit of legal application to not to get convicted and they we’re found guilty, they should just be happy that they did not get life in Jail and that some of them are already been released on parole already.
In my view they are a bunch of Rasists that have inherited their grandparents attitude something that is not new in that backward City of Pretoria
Just let me know what you do not understand…
Please NOLO! Obviosly you read the juicy bits in the media but ignore the facts!
@Trudi,
What facts would you like to point out? That of assault with a hammer, to the head? Or the beating of an innocent person? What if this person was a relative or even closer, lets say a child of yours?
Law and order might have failed in a guilty conviction and there were many errors in both prosecution and judgement, but justice was most certainly served.
No doubt: these four rich Afrikaner kids, aged 15, were vile little racists who drove around in Pretoria looking for black vagrants to beat up – the two gangs together, keeping in touch with each other by cellphones. It was and remains a horrid incident. The question here is not whether they were vile little racists nor whether they had beaten up one man with a hammer which is truly horrible – the point here is that they were convicted with some VERY questionable evidence, including a corpse which was introduced as their victim in the court-records, but which showed NONE of the injuries it should have had, had it been bashed with a hammer and kicked and beaten. None of those marks existed on that particular body. In South Africa, one must have convincing evidence without ANY REASONABLE doubt that this was in fact the victim. But the courts decided to convict them despite the mysterious evidence surrounding the corpse. They could have been charged with racism, even with criminal assault, and they would have been convicted. But the State introduced a corpse as ‘evidence’ to prove that they had committed murder of this particular person when very reasonable doubt was clearly evident on the corpse itself that this was NOT the person concerned. This is where the injustice occurs: let’s all agree that they were vile little white racists, spoiled little Afrikaner brats from the wealthiest suburb of South Africa. What they did was inexcusable – but the evidence as presented here with all this overwhelming court-documentation makes it very clear that the conviction for murder – with THIS particular corpse – was unjust and inaccurate. The police should have investigated this entire incident much more thoroughly. The corpse concerned for instance showed no sign that it was a ‘vagrant’ either, on the contrary, it showed a well-dressed, well-nourished man with expensive shoes and surrounded by items which were proven to be stolen from a breakin a considerable distance away. The wound on the back of his leg was consistent with a wound he could have incurred while climbing across a steel-pointed picket fence – and the property where these items were stolen from, had such a picket-fence. Introducing this particular corpse as the evidence of murder was clearly an injustice … and the court should never have overlooked this evidence. I don’t feel in the least bit sorry for these Afrikaner youths for ending up in jail because their behaviour was vile and inexcusable and cast the entire Afrikaner community in an even worse light than they are already being cast by the ANC-regime’s vilification campaign of this small minority. But they should have been sentenced for going around Pretoria attacking black vagrants. This corpse clearly was just conveniently present to prove the SAPS’ case. And that was entirely the UNJUST’ thing to do. These men have clearly learned their lessons and their parents have lost their wealth and their sources of income and are suffering from health problems, all because of this case. These families have learned their lesson. But the Courts should also be lambasted for their wrongful conviction in the face of such overwhelming doubtful evidence. This case was wrong on so many levels, I doubt whether it can ever be ‘fixed’ again.
They probably assulted various white people in their lives as well Nolo. I myself, as well as a lot of other white people take just as much offence to your comment, as you would when a white person rationalises this case with farm murders. Neither can be consolidated as right.
Bottom line…comments like these, just as whites commenting in the same fashion about black criminals, are the last thing this country needs now. So…if you can find it in your heart…try to look at it from a different view, just as I am trying to do the same.
Die grootste fout deur die regter in sy uitspraak, was die basiese beginsel van die reg. OPSET! Die regter het in sy uitspraak beweer dat hulle ‘n man aangerand het, daarna geskrik het toe hulle besef hoe seer hy gekry het. Toe die polisie geskakel en genoem dat hulle mense in die parkie sien baklei het met die hoop dat die polisie die man sal help. Daardie deel van sy uitspraak kanselleer alle opset om iemand te dood, dus kan daar op die uiterste slegs ‘n skuldigbevinding wees vir strafbare manslag, maar beslis nie moord nie. Eerstejaar regstudente ken hierdie basiese regsbeginsel!!! Die uitspraak was skokkend vir iemand op daardie vlak.
PRYS DIE HERE!!!!
Hi, Charles
Ek sal graag die dokumentasie wil ontvang. Ek was op skool saam met een van die ouens en hy was maar altyd arrogant, wat ek dink dit makliker gemaak het om te glo dat hulle skuldig is. As wat jy se egter waar is, het ‘n hele klomp van ons aannames en veroordelings gemaak gegrond op niks. Ek sal graag die inligting wil deurkyk al is dit net om my eie kennis reg te stel. As hierdie manne onskuldig is, moet ons glo dat daar regstelling sal plaasvind op een of ander manier. Ongelukkig is ‘n groot deel van hulle jeug alreeds van hulle ontneem en sal hulle dit nooit terugkry nie. Ons kan net hoop dat hulle sterker en vasberade sal uitkom en reg wees om die wereld te wys dat onreg en korrupsie hulle nie kan onderkry nie.
Really shocked to read what you wrote and all the comments below. if I can be of any help I’m a close relation to Judge Victor of the High Court. Not sure if she can physically do anything but she knows of people who can.
I would love to know her opinion. If you can get that it would be very interesting.
Dit is ‘n goeie dag voorwaar!!!
Fantastic, brilliant !! The best news I have heard for a very long time. Now lets just hope the haters and the press stay off their backs! The other 2 now need to come out.
They will most certainly not stay of their backs, but today I can not care less!!!
I hope the others follow the example…
I don’t know who you are Charles, and why you are so adamant in protecting these boys. What I don’t understand is why their lawyers never exposed your theory and if they are of a “better”off part of society then surely they would could have hired the best money can buy. Whether they intended to kill the man or not is irrelevant to me, the FACT remains they beat the man – WHY WHY WHY – only people who are a danger to society would hurt someone who cannot defend them selves so in my humble opinion having them locked away was what should have happened.
Try thinking in terms of protecting the general public against a corrupt judiciary. I think the cracks are pretty clear by now. The school and area they live in do not necessarily dictate the depth of their pockets – it is a common misconception. On the other hand I only studied the court docs when the process was already almost done. To reopen the case the courts need new evidence or an independent and reliable JSC – both unattainable. So this is one up for corruption. Try doing the math and proving me wrong – it is enlightening. On the other hand, nobody ever said that what they actually did was in any way acceptable. I just think that we should move away from our pathetically emotional responses to every issue we face in this godforsaken country of ours. Let the punishment fit the crime and let the situation be an opportunity for growth rather than a public hanging. Lead the way for once.
Twee van die WK4, vandag 15 Desember 2011, vrygelaat op parool. Mag die waarheid gou uitkom.
Hi Charles,
Is there any news on the boys’ situation? I notice that there is someone who might be able to do something for them. Has anything come of it? I wish I could do something to get them out.
Please do not stop trying to get them out!
Thanks for the comment. The truth will be told. Unfortunately this is a word-of-mouth game and it takes some time. There are a number things going on at this stage that might help, but nothing concrete to report on. I can tell you that nobody in the know is giving up and the number of knowledgeable individuals are growing by the day. Hopefully we will not let corrupt judges and incompetent journalists deceive us any longer.
Hi Charles,
Gee my asb ‘n reply, moet dringend AL die dokumente wat jy solank opgebou het in die hande kry asb. Het ‘n kontak wat vir die seuns wil sorg vir ‘n toekoms…sodra vrylating of vinniger! Dis ‘n Landdros wat glo hy gaan ‘n verskil kan maak. Het kontak met hulle.
Baie dankie dat jy so positief met geloof uitkyk na die hele gemors, het meer mense soos jy nodig wat in mense glo!
Dankie
Ek bid nou nog vir Christoff en Frikkie aangesien dit hulle twee was wat my gewys het dat as so iets erg in jou lewe gebeur dat jy nie moet op gee nie en nog sterk staan in jou geloof. Ek het hulle twee ontmoet in sentraal gevangennis en glo tot vandag toe nie ek sou normaal daar kon uit stap as dit nie vir hulle was nie! Julle twee is legends en ek weet vir ‘n feit dat julle nie daar behoort nie! Julle het my beskerm en verander vir die beter! Nou wil ek ook sê dat daar niemand in ons seksie geslaap het wat nie van hulle gehou het nie! Maak nie saak watse snaakse redes die ander gehad het nie! Ek het van hulle gehou want hulle het my laat beter voel oor myself ten spyte van my foute ,ek het begin aandag gee aan my voorkoms, my geloof is nou sterker met my vader, my aardse vader en ek het nou ‘n goeie verhouding, ek sit my fokus op die regte dinge en prioritiseer dinge wat reg is in my lewe en werk daaraan om ‘n gesonde roetine te hê. Dit klink dalk nie so great vir almal nie maar as julle weet hoe ek was voordat ek daardie twee mans ontmoet het sal julle ook julle hoede afhaal! Ek is lief vir julle twee en bid vir julle om veilig te bly en sterk te staan! Hoop dit gaan nog goed met julle studies!
Dankie vir die kommentaar Francois. Dit is tog goed om te sien dat daar ‘n mate van sin is in hierdie verstommende gebeurtenis. Ek is bly om te sien dat daar mense is wat bly staan ten spyte van ‘n korrupte regstelsel se beste pogings. Daar is niks meer wat die korrupte mense van hierdie land aan hierdie jong mans kan doen nie. Hulle sal ‘n voorbeeld wees vir almal wat nog die vermoë het om vir hulself te dink. Sterkte verder.
Its almost 2011. Another year gone and another year closer to freedom for the WK4! Thanks Charles for keeping this matter alive. They will come out of prison and they will hold their heads up high. We continue to keep them in our thoughts and prayers.
Give me a break. One of the accused was caught drink driving twice while under house arrest. They killed someone, they went to jail, they deserved it. Get over it, people.
Reality – They were out beating homeless black people and they killed someone. Label it anyway you want, its still murder.
Thank you for your opinion. You are not alone, as a matter of fact you represent the vast majority of people in South Africa. Quick on the draw when it comes to finger-pointing but I am willing to bet you cannot offer any sound argument for your opinion. I put my arguments in writing and I invite you to disprove them. There is absolutely no evidence for murder and I defy you to prove me wrong (let me know if you want the court documents). Hopefully the efforts of more enlightened people will keep the likes of you from facing the same challenges.
Ek bid steeds vir hierdie seuns en hul ouers. Die media het hulle gekruisig.
Dankie vir die kommentaar. Daar is geen twyfel in wat jy sê nie, maar as jy nou die werklik motiewe van die media wil sien moet jy hulle konfronteer met die feite . Dit is geen wonder dat die ANC en regering hulle wil stilmaak nie. Hulle stel nie belang in die waarheid nie, sleg die emosionele inhoud van ‘n storie.
Dankie vir almal wat in hulle glo…
2 Jaar vandag Charles. 11 Augustus sal seker maar altyd in ons geheues vasgebrand bly. Bly om te sien meer mense lees waaraan jy al so lank werk. Ons seuns is positief. My seun het homself oor en oor bewys en wat uitstaan is sy karakter, sy goeie opvoeding en liefde vir sy Skepper, familie en vriende.
Hanlie ons almal hoop Charles kry dit reg. Die mees frustreerende deel is die gevoel van magteloosheid. Charles het darem hierdie blog en ek hoop dit sal help.
Charles, moenie ophou nie, asb. Die seuns moet huistoe kom. Ek het net so ‘n gevoel dat jy dit gaan regkry.
Dankie vir die boodskap Hanlie. Dit sal voorwaar ‘n wonderlike dag wees wanneer die waarheid uitkom. Dit mag dalk vir ons almal ‘n belangrike les word. Alles in goeie tyd.
Completely agree this whole affair is a stinking mess and a complete travesty of justice. I was at the court on the day of sentencing and heard the whole summations and the sentencing. The physical evidence that that was totally ignored made the whole thing obviously a set-up. It was so unsupportive of the states case that that any fair and decent person with half a brain wouldn’t have prosecuted it or accepted it into the court in the first place. However the judiciary will pay for this. remember the Bible says that those who are appointe to judge must do so righteously and be extra careful as they will be punished more severely for culpable failure to do so. Heaven won’t help the corrupt politicians and judges that did this to these young men. The real bad guys and their corruption will be judged – by someone “One” who judges fairly. Their money, influence or the equally corrupt press will not help them when that day comes. I hope they read this and repent of their wickedness.
Furthermore they stole not just the prison years from the W4 they stole their entire youth from them as well bearing in mind that they waited years before bringing the case to court probably to ensure that no new evidence would ever be found. What happened to “time served” the boys were restricted in movement for years.
As for the state witnesses. They had too much to gain from testifying against the others for their testimony to have any credibility. In that case the whole thing should have been judged only upon the physical evidence. Then they would have been free as there is so much reasonable doubt you could sink a battleship with it.
I’m so glad we don’t have the death penalty, or these gutless corrupt and pathetic so called “learned” individuals would probably have murdered the boys.
Boys will be boys and sometimes they do dumb things but convict them of the crime with real facts and evidence.
Can’t we start a petition to try and get the President to pardon them. He pardons rapists, hijackers, thugs and murderers once in a while when the prisons get full. Maybe he should be the first to sign seeing as he apparently got away with such a lot without even a proper trial. Maybe Mandela will sign seeing that he was also imprisoned by a corrupt judiciary. On that last point nothing much has changed after all – we did get “Animal Farm”.
We are desperately in need of help …to assist these boys to bring the truth to light. They are in no position to help themselves.
Thanks for the comment. To make an impact, the truth needs to reach as many people as possible. This is happening, but as with word-of-mouth in general it is a painfully slow process. Ideally some media exposure would highlight this mess more efficiently, but the media is refusing to play ball as they played a vital role in the condemnation of the four young men. The mishandling of the evidence should be sensational and the signed letter from Bernard Ngoepe stating that it is irrelevant when judges are wrong should create quite a stir, but nothing so far. This is the main challenge. People can not deny the facts of this case and not a single person has been able to disprove my arguments and so most resort to ignoring the truth. The Waterkloof four was a token victory and exposing this cesspool will inevitably expose South Africa for what it really is.
Petitions, however noble the idea, is not really effective other than a basic measure of public opinion and as far as I know the general public was swept into a thoughtless feeding frenzy with this case and you can expect that they would not like being proven wrong. To get a petition under the attention of parliament we would need the support of a member of parliament and this can tricky as well. They are all there for stature and will only take on issues that can win them votes. I have engaged Patricia de Lille and her cronies on this to no avail. Once again she proved that the truth only matters when it can bring in votes from the stupid masses. From recent developments it is painfully clear that the shine of the arms deal exposure is wearing off and, in my opinion, she is a dead-end.
I have also engaged Helen Zille and her cronies with a little more success, even if it was only briefly. At first they seemed to be interested, but they skilfully led me around for a while and then let me know that they can not intervene in judicial decisions. This is quite funny given that my complaint was about corruption in the judiciary and they had no problem intervening in the Hlophe matter. They are hypocrites and once again the truth only matters if it comes with the support of the stupid masses. The stupid masses have been convinced that the Waterkloof four are guilty and we have to change their opinion first. Try that for a while and you will see the desperately low average intelligence in this country. It makes for excellent entertainment.
Basically the idea is to spread the truth as widely as you can possibly muster. It takes active effort and many heated debates. I have written a number of letters to the office of the president as well as the office of the minister of justice. They know about this travesty and they will ignore it as long as possible. Keep in mind that my JSC complaint was rejected soon after the minister of justice installed the new corruption-friendly members. I suggest that you, and everybody else with a vested interest in this matter, tell everybody you know about this and write formal letters to specific people in positions of influence until somebody takes note of this injustice. The truth can not be ignored forever and when it is revealed I want to publish the list of everybody that knew and decided to ignore it.
Keep me updated of any efforts so that I can update the list of people in the know.
why is it all talk but noone dares 2 help them with a proper appeal with these tact’s that you have written surely our justise system sucks we all know this.But like most people would say the case was followed closely and they where trying to set a exsample of them.plus maybe if those facts where stated in there trail by proper laywers they would have maybe not been sentenced.THE ONLY PEOPLE THAT DO KNOW THE TRUTH ARE THE FOUR.AND FROM ME TOO THERE FAMILY’S MAY GOD BE WITH YOU AND YOUR SONS THERE IN A TERRIBLE PLACE THAT I WON’T EVEN WISH ON TOO MY WORST ENEMIES.
PLUS HOPE SOMEONE TRUELY WILL ONE DAY GET TO THE BOTTOM OF THIS MATER.CHRISTOFF WAS ONE OF MY FRIENDS AND I REALLY FEEL SORRY FOR HIM AND HIS FAMILY DR BECKER AND HIS WIFE TOO.
Thanks for the comment Michael
If it is truly frustrating for the onlookers, can you imagine the frustration and anguish that the four individuals and their respective families are going through. I can assure you that the judges and their buddies are doing their level best to make this go away and it will take some doing to turn this festering cesspool on its head. I do not know how at this stage, but the truth will be revealed and hopefully before it is too late for this wretched country. We see the real criminals in the media every day and still we choose to remain silent. We are, unfortunately, the creators of our own reality. Luckily salvation lies within that same conviction and so we can be assured that all will be revealed in good time. Faith!
Hi Charles,
This is still heartbreaking and I must say your efforts to keep this alive deserves commendation! Next month these boys will have spent 2 years behind bars – 2 years wasted. They are being model prisoners and keeping the faith. I just hope, and pray, that when they qualify for parole that the press don’t hound and rehash the issue all over again making people negative towards the 4. It seems whatever they do makes headlines. I feel like I’m in jail with them and won’t be at ease until the day they walk out of there. I have commented to you about this before and my beleif in their innocense has never waivered. I still think a lot about them and their families. What you say about the justice system is painfully true – the politicians paint this utopian image about SA and its legal system and try to whitewash the truth. We just had a very successful World Cup and foreigners think we are this great country…if only they knew.
Thankyou for the reply. Can a case like this be re-opened ? What about them suiing the SA Government for being wrongly imprisoned ? Maybe then the case can be re-opened again. Is that not an option ? God bless you for trying to help them.
There is no straightforward way to address this situation. It relies heavily on the integrity and professionalism of the legal professionals and politicians of this country. Short answer – they have none of this and they are probably too deep into all kinds of shady deals to act high and mighty!!!
Technically the case can be reopened if new evidence comes to light. The chances of this happening is rather slim and given that the judges were bold enough in their corruption to discount the physical evidence that completely disproved the state’s case, it would still be a rather expensive long shot.
The common legal answer is that they have exhausted all legal channels because all levels of court concurred with the initial corrupt judgement. The fact is that they were blocked from presenting their case at the appeal court and constitutional court even though they had more than enough (and clear) reason to be allowed such a hearing.
This serves a very interesting purpose. This case basically sets a precedent. You can ignore physical evidence in favour of accomplice witness testimony without going through the steps to prove the accomplice witness reliable. This can become very bad, very quickly and so by blocking the W4-application at the appeal court, this precedent can be overthrown if it negatively affects someone that enjoys the favour of the judges and/or politicians.
What amazes me most is how people can refuse to even investigate this joke. Most lawyers that I have approached are so afraid of what the corruption will do to their careers that they will not touch this case for triple their ridiculous fee. The media watchdogs, that basically worked overtime to conceal this fiasco, are not interested in the least. Ignoring the truth – the only true South African accomplishment!
If something comes up I will pursue it with every resource at my disposal, but at this stage it seems like telling the true story is the only feasible thing to do. I believe that giving up on these matters is what will finally drive us over the edge of the Zimbabwean abyss and so I plug away to the best of my ability. If I am wrong then nothing will come of this. However, I firmly believe that even in a criminally minded country like South Africa, the truth will prevail. All in good time!
Charles, why on earth are those boys in prison – high time you try and open that case so that it can start all over again. Get people who are not corrupt !! God bless you for trying.
Thank you for your comment. I believe it is indicative of our weak constitution (personal character, not the paper guideline that we so valiantly ignore) that these young men are still in prison. The truth will be revealed. I have no doubt about that. We, as a nation, will pay the full price of our ignorance. That too, is inevitable.
What I would like to bring to people’s attention is the blatant corruption in the South African legal system. These clowns delivered a totally illogical and clearly biased verdict to the sound of a cheering, vile nation too ignorant to spot their eventual demise. These are the very same people that will eventually throw their hands into the air and demand an explanation from God when we turn into Zimbabwe.
I do not expect legal professionals to be right all the time, but professionalism demands that you take responsibility and corrective action when your mistakes are revealed. Instead these jokers banded together on all levels to protect themselves and their trough. Good people in this country turn their back on the truth for fear of what might be revealed if we start picking at this thread.
Once you know what goes on in the halls of our esteemed courts this entire country becomes a joke. You listen to politicians and their utter respect for the law and you cannot help but laugh. Despicable characters of all walks, political leaders, spiritual leaders, esteemed judges, policemen, businessmen and many others we regularly see in the news suddenly become less of a mystery.
We are a nation of criminals and democratic theory demands that it is reflected on every level of society. It is not the fault of these “leaders”. Democracies are built from the ground up and the penthouse reflects the foundation. Just look at the poor and the hungry to see how we create our own reality. Come next election these wretched souls will rally once again to vote for the status quo. If the consequences of their actions were not so dire, it would be laughable.
In conclusion, these young men are in for a tough time. Parole conditions demand that they admit their guilt and show genuine sorrow to even be considered. By now they must desperately want to be in the safety their homes with family and playing along with this fiasco must feel like the only option. Once they admit their guilt this joke comes full circle and the corrupt officials sleep peacefully whilst we, the public, bask in the glory of being right all this time. It is a proudly South African success story.
hi charles, may i ask that you furnish me with the full judgement please
(email should be fine)
thank you
Done…
Hi Charlies,
Can you please reply to me via the email address I’ve provided. I’m interested in discussing this story with you and something that I’m developing around this case.
Thank you.
Good day Charles
Firstly I want to start by Saying; I know these 4 are innocent. One of them which name I am going to leave out due to privacy is my ex-boyfriend,and I was with him untill he went to prison. There is alot of minor details that was never mention in court. I just somhow we can help them. I still here alot from him. I would like to help!
If you have any questions that might help. Let me know.
Kind regards! God bless everyone that believes in their innocence!
Regards
Hi Charles
Came accross this post via someone that posted the link in the comments of a newspaper site. My eyes almost popped out. I never really followed the whole story but everyone new about it. Stolen goods ??? There were never reports about that, I might have missed it though. I`m spreading this link. You never know who might be reading.
I`m not legally inclined, so would be of no help, but spreading the word I can do !
Regards,
Dear News Reader
Thanks for the reply. Very few people actually know what transpired in this trial. The media played a critical role in polarising an entire nation and as usual we quickly sacrificed our intelligence on the altar of emotion. The result is the destruction of four individuals and their families. In true South African fashion we just don’t care as long as it does not affect us. However, the sad truth is that corruption in the judiciary, even in small doses, affects everybody – ask any Zimbabwean.
Thank you for spreading the word; it seems to be all we can do at this stage. The legal fraternity is banding together like a serious infection. This cyst may just violently erupt if they were forced to admit the truth to us all. Maybe if we ignore it, it will all blow over. We sacrifice four arrogant rich kids and the corrupt government promises not to come after the rest of us. Right?
We better hold on to our seats. I think we are in an excellent position to discover the price of our ignorance.
Bra Charles, If indeed those boys are innocent then they don’t belong there. I agree with you that the justice system is rotten. It has been my impression that the justice system is harsh against blacks and more symphathetic to whites. So this case baffles me. Moreover, I find it strange that you say that the fact that higher levels courts’s findings have been consistent suggests that they are corrupt. You must remember that the courts work with the facts before them. I assume that the accused had an opportunity to cross-examine the defence.
Hi Tshiginga
The courts were only consistent in their ignorance. I agree that the courts can only work with facts in front of them and in my report I show that the “honourable” judges had all the relevant information in front of them including the physical evidence that vociferously contradicted the State testimony. With all this information before them it is impossible to understand how they reached the verdict that they did. Any attempt to question the proceedings was met with contempt and utter stupidity. At first the JSC appeared to take an interest in my complaints, but the new handpicked zookeepers quickly dismissed my complaints without disproving a single accusation. I have no alternative at this stage but to assume that corruption in the judiciary is rife.
i also dont know the father but he does have a rep especialy of diamond smuggling…… there was always stories from the beginning, every body knew they would be found guilty…. made an example of… i dont believe they are guilty and christoff still says hes in jail for something he didnt do…
do you think the media had a role in this????
good article mate totally agree with you
Thanks for the reply Attie.
I do believe that the media played a rather significant role. The media creates the news, they do not report it. They were well aware of the facts of this case and they are well aware of my analysis of this case, but they actively chose to ignore the truth and polarise a nation to such an extent that most people are unwilling to listen to proof that four levels of our courts screwed up (or were forced). That’s quite a feat.
That being said, the media is nothing more than a supplier of preferred content and their most disgusting acts only happen because it fills some perverse need of a thought-averse nation. This nation was so happy to find someone that could pay for their misfortune that they could not care less about the fact that the last defence against becoming a truly African state (the legal system) is already riddled with cancer.
Charles,
I unfortunately knows the father of the two state witnisses to well. He is an extremely dodgy character with an unhealthy past. He is now very busy doing all sorts of nice things for poor kids and walks around with his Bible on his shoulder to make up for his past (Silverton Tanning Business Park). The father was obviously the one who did the coaching and he is known by the nickname “Ratswolf” which says it all.
Thanks for the comment. I have heard many stories about this character and none of them were good. I am not really concerned with him though, we all eventually pay full price for our deeds.
This is and will remain a spectacular failure of our “honourable” judges and at this stage I have no option but to believe that they were all colluding in this travesty. Never have I seen a more cowardice bunch of wannabe professionals in my life. It is really quite pathetic.
Hi Charles,
I hate to be the one to say it but some things just cannot be changed. We have Zuma as President, Shabir Sheik will never go back to prison and God forbid Julius Melema will have an ever increasing impact on us directly or indirectly. However, does that mean we roll over and die? Charles you have my email address, we can chat more off line. As I mentioned before, I have been corresponding with one the WK4 while in prison and have promised I will not say or do anything that could embarrass him or put him at a disadvantage. I thus cannot talk freely here. The news media are bastards and for that reason the wk4 are very guarded as to who they talk to and what they say. Case in point – Reinach gets distinctions for his studies and it makes news headlines! All good for him and what he achieved, but it just demonstrates the Media’s obsession with the WK4 and will publish anything about them they can think of. We can only hope someone high enough or powerful enough reads your blog and has the guts to challenge the status quo. One thing we can take some comfort from (albeit just a small bit) is that the wk4 know they have a lot of support and they are greatly appreciative and humbled by that. Its is that and the unwavering love and support from their families and close friends that keep them positive.
Wow Charles! I came across your blog by accident and FINALLY I see someone else that feels the way I do. I also have read every article I could get my hands on regarding the Waterkloof 4 and agree this has been a travisty of justice. There is no question this conviction was racially motivated and there is no question about the flimsyness of the evidence not to mention the absurdity of the witness testimony.
For many nights I lay awake thinking what can I do to help them – surely this can’t be allowed to happen? These guys have been in jail for over a year now and it s a year too long. Then I read about Shabir Shaik – my blood boils!
I consider myself a friend and full supporter of these guys and have been in correspondence with one of them on a regular basis.
I feel for them because what happened to them could easily happen to me or someone close to me and I shudder at the thought that I cannot rely on justice and fairness from our legal system.
The big question is “What now?”
Hi Cornel
Thanks for the reply. It is good to know that there are some people out there that are not totally blinded by the bullshit that this pathetic nation so eagerly mops up. I know there are more people like that, but for some or other reason they just don’t care enough to speak up. Maybe we have been desensitised by a very effective media campaign. Case in point being our handling of the Reitz-4 debacle. Somehow four students become all that is wrong in our society. We are too stupid to realise that it is our inability to recognise and choose good leaders that have us here. We refuse to see that it is our stubborn resistance to live and demand the real truth (not just the convenient truth) that has us teetering on the edge. We live in a state of paralysed stupidity and no amount facts can shake us out of it. We are a stupid nation and we are getting exactly what we deserve.
In my opinion the evidence was less than flimsy. The physical evidence was contradictory and the witness testimony was practised and highly circumstantial to say the least. In my opinion, a true professional would rather lose his/her job than be part of such an embarrassing verdict. It is even worse than the decision to grant Shabir Shaik medical parole and yet no interest from the media. This is testament to the state of our legal system and if that does not concern South Africans they deserve everything that is coming to them. The cowards at the judicial service commission have still not responded to my complaints and I think that they will avoid the issue until it goes away. Not even the fact that the JSC won’t do their job is of any interest to the media. This would be hilarious if it did not impact four individuals and their families so severely.
You ask “what now?” I really do not know. When I find something resembling an opportunity I will write and see if I can rouse some interest, but so far I have not had a lot of success. In my opinion the questions have to be asked publicly and there is only two really effective ways to do that: Someone influential or enough people. So far, I have had little or no success with either option. I am pretty sure that 300 people writing and posting a letter to the president’s office on a daily basis will have some impact, but I am not sure if I can find 20 people that care enough about this injustice and the corruption in the judiciary. I have communicated with a number of lawyers and law teachers and I can not find one that has enough balls to write me an honest legal opinion about the handling of this case. They stand to ruin their careers by disagreeing with a wise old judge and once someone high enough reminds them of that, they run like scared little dogs with their tails between their legs. It is pathetic to witness.
If you have ideas I will listen. If you know someone with more balls than the average South African I will speak to them. I am not prepared to let my child grow up in a country where corrupt morons run an institution as important as the judiciary without saying a word and where ordinary people have been corrupted to the point where they not only accept the decay, but actually believe that it is correct. To hell with this nonsense, my parents did not raise me to be a spineless sheep.
Personally, I think they are innocent. I knew them, not well, but they were friends with my friend’s brother. I would also like to say that the witnesses are dodgy. By dodgy I mean if the whole thing actually happened they are just as guilty as the accused. They covered their own asses in court and played along as to not being accused themselves. Bold statement, I think they are the ones who are to blame for the entire event. The younger brother was the one who confessed and ‘came clean’ out of guilt. Would you go back to to a violent crime scene and throw a ‘dead person’ with a brick to see if he’s alive (you are 14 years old), I think not. Who were the other people involved and why weren’t they tried.
If the event actually took place this is my opinion of what happened that night:
There was an attack. Not half as violent but more people involved. Next morning witness goes back to check on victim. Witness sees a body but not that of victim. Witness is scared (14 year old boy) and talks to teacher and confesses what happened and bends story as to ‘not get caught’. Before witness’s family takes action and go to police a secret meeting is held with SOME of the boys involved and their families. It is discussed that the 4 guys in jail today are to be blamed as they were the trouble makers according to the other boys’ parents…the story is changed to put the 4 as accused and leave the rest of the boys as witnesses.
Don’t take anything too serious, that’s just MY opinion…
Thanks for the reply.
Since I started looking into this fiasco I have heard many versions of the story and some rather interesting opinions as well, but this is about trying to find some remnant of fact in the emotional mess that defines this story. This, in my opinion, never happened. The W4 were convicted based on emotional opinion and nothing more. This is a shocking failure of our legal system and no person in this country is prepared to face that reality. No person has been able to prove that, all things being equal, these four individuals would have received the same sentence. There is no causality in this case. Regardless of what happened that fateful night, the facts that were entered into court do not in any way lead to the conclusion that was ultimately reached. No person of sound mind could ever have reached or supported this verdict.
In my opinion the state-witnesses were lying through their teeth and I believe that they received considerable coaching as well. However, people can be vindictive or dishonest for whatever reason and it is the judge’s obligation to work through that. For all the stupid people involved in this matter, I believe that the legal professionals are miles ahead. It is a festering band of brothers the likes of which we have never seen. Respected lawyers refuse to give an honest opinion, in direct contravention of the oath they took before God, for fear of the consequences of disagreeing with a government’s pet judge. The less initiated ones are “shocked” and offer to look into it only to turn around and run once they hit the right level in the pet store. This case is a glaring testament of the state of our nation. In my opinion, Hlophe was not the first of case “judicial interference”. He possibly just interfered with the wrong power-bubble. I honestly believe that judicial interference is alive and well and our respected judges are thrashing the guitar like there is no tomorrow.
As a matter of fact, the list of influential individuals that I have written to is getting rather long. People that know about this travesty are supposed stalwarts for truth and justice like Patricia de Lille, Helen Zille, the ministry of justice, the president’s office, Afriforum, the freedom front, most major media operators (702, Rapport, …), the SA human rights commission, a certain Christian magazine that cares even less about the truth than most government officials and then my personal favourite – Freedom under Law featuring Judge Kriegler and his merry band of just individuals like Desmond Tutu. This does not include the official complaints laid at the Judicial Service Commission that were ignored with a focussed effort that only the most thought-averse South African human rights champion can muster in spite of the fact that a prominent judge president stated in writing that it is irrelevant if judges are wrong. This is all a big joke and the fact that most South Africans supported these clowns in their effort to dissolve justice is indicative of what we can expect in the future. In the end we will get exactly what we deserve.
Have you had any luck yet with regards to the above. Think you might have something going here…. !!!
Still trying… Some new leads, but it is surprisingly difficult to tell the truth in this country. People just don’t want to hear it. One thing is for certain, we will all pay the price for this corruption.
This case went from the high Court, appealed to the Sup. Court, then Highest Court of Appeal, dam, even the Constitutioanl Court.
All these learned judges in all these different courts concurred with the initial ruling by a lower court that those 4 murduring infidels were and are guity as charged.
Justice is only defined when the ruling goes your way. If the lower court errored in its judgement, surrely the high court, the Sup. Court or the Constitutonal Court would have picked up that error and overturn the judgement.
Accept the rulling and move on.
They were all wrong and the saucy question is how this happened. In my report I showed this. People are quick to go for this opinion that you voice here, but nobody has attempted to disprove my opinion. I maintain (with arguments in writing) that they were all wrong and mindlessly repeating that it is impossible will not change that fact. Maybe you should stop focussing on the personalities of the individuals involved and start going over the definition, meaning and implication of justice…
My hart gaan uit vir hierdie seuns, in my hart weet ek hulle is onskuldig. Ek is ‘n predikant en ek bid vir hulle elke dag. wie is ons om te oordeel oor hierdie kinders. van die begin af het ek geweet hulle is onskuldig. ek wil graag vir hulle briewe skryf vir bemoediging en ondersteuning gee van my gemeente sodat hulle nogsteeds kan voel daar is mense wat hul aanvaar en nie verwerp nie. ek het probeer kontakte kry om uit te vind waar hulle is kon niemand my help nie, nie eers by waterkloof skool nie ( ek is bewis van daar is kaansvatters wat seker dit om verkeerde redes sal wil doen) sterkte en ek bid vir jou dat iewers ons sal regkom om hierdie kinders te help. ” Nie deur krag of deur geweld nie maar deur my gees: Antonie