AfriForum will pay Barry Roux to appeal Coligny killers' sentences
7 March 2019
AfriForum will pay for famous advocate Barry Roux SC to appeal the lengthy sentences handed to two Coligny men found guilty of killing teenager Matlhomola Moshoeu, the lobby group has announced.
"AfriForum will fund the appeal costs to allow Advocate Barry Roux SC to take on the case. Advocate Gerrie Nel and his team at AfriForum’s private prosecution unit also provides support in investigating the case," AfriForum said after Wednesday's sentencing.
"The application to appeal will be brought within fourteen days."
Pieter Doorewaard and Phillip Schutte were found guilty of murder, kidnapping, intimidation, theft, and pointing a firearm after Moshoeu was killed on April 20, 2017.
His death caused immense turmoil and protests in the North West town, with many believing it was as a result of racism.
Moshoeu was thrown from a moving vehicle after being accused of stealing sunflowers. The two men had claimed that he jumped from a vehicle while they were taking him to the police station.
On Wednesday, North West High Court Judge Ronnie Hendricks said the murder was not planned or premediated, but a case of dolus eventualis - which means they should have expected something bad to happen as a result of their actions.
Roux confirmed to News24 that he had been briefed by the men's attorney, not AfriForum, and that he would be taking the case.
He said he still needed to read the court papers.
"I have been approached by the attorney who acted in the trial," he said.
AfriForum said the appeal was as a result of witness Bonakele Pakisi allegedly lying during the trial.
Pistorius trial
They said they had already collected four affidavits in this regard, and also wanted the witness to be charged with perjury.
However, handing down judgment, Hendricks stated that the two had kidnapped and assaulted Pakisi, and forced him to eat his own vomit.
News24 reported on Wednesday that accused Number 1, Doorewaard, was sentenced to 15 years imprisonment for murder, three years for kidnapping, two years for intimidation, one year for theft, and two years for pointing of a firearm. He will effectively serve 18 years in total.
Accused Number 2, Schutte, was handed 20 years for murder, three years for kidnapping, two years for intimidation, one year for theft, and two years for pointing of a firearm. He will effectively serve a total of 23 years.
Roux came up against Nel in the prosecution of paralympian Oscar Pistorius for the murder of his girlfriend Reeva Steenkamp in 2013.
In that case, the judge also found it to be a case of dolus eventualis and, on appeal, the sentence was increased to 13 years. Roux became famous for his saying "I put it to you" during his exhaustive questioning of witnesses in the Pistorius trial.
Nel has since resigned as a State prosecutor and is heading AfriForum's private prosecution unit. One of their cases is a lawsuit against Ford following the death of Jimmy Reshall in his Kuga.
