Kimberley - Gloudina “Koekie” Botha, 66, remained straight-faced when she was sentenced to 12 years imprisonment for the murder of her husband on their farm Kareehoek near Britstown in July 2010.
Northern Cape High Court Judge Mmathebe Phatsoane, during sentencing procedures on Thursday, stated that the fact that Pieter Nicolaas Botha was shot twice in the head, while he was probably asleep, was in itself an “aggravating factor”.
She dismissed claims that Botha and her son were physically and emotionally abused by the deceased, as “character assassination” and “having an axe to grind with him”.
Phatsoane concluded that despite the defence maintaining that the intent to murder happened shortly before the fateful event, the offence could not have been orchestrated without premeditation.
“The accused pulled the trigger and shot him twice in the head. The crime scene does not leave room for any suggestion that the deceased was in any rage at the time of the shooting. Therefore it cannot be said that the murder was committed on the spur of the moment.”
In the absence of taking the stand, Phatsoane was convinced by the State’s argument that Botha was motivated by the desire to take over financial control of the business that “her husband ran with an iron fist and controlled the purse strings”.
“The motive for the murder was greed not need. She is still in denial that she murdered the deceased.
“The accused’s attempt to exculpate herself is indicative enough of the planning that was at play in carrying out the murder. She fabricated the story about the hand gloves, which were not found on the scene, to explain the absence of the primer residue on the deceased’s hands.”
She stated that Botha must have had knowledge of the contents of a “letter of wishes” that was drafted by the deceased.
“She must have perceived that it might be understood as a suicide note, which would have perfected her crime.”
Phatsoane reasoned that while a serious offence had been committed, a sentence of life imprisonment would amount to an injustice.
She indicated that Botha was a first offender and that she was of an advanced age where she would be turning 67 in July this year.
“Apart from this crime and the effects thereof on her family, which is now in a state of disintegration, she led a normal family life as a hardworking mother and a grandmother. Over the years she assisted in Pieter’s farming activities and built a thriving farming enterprise. The accused has five adult children and 10 grandchildren and lives alone in a retirement village in Kimberley. The chances are remote that she would commit a crime of this nature in the future.”
Phatsoane pointed out that despite the testimony of the accused that the deceased was abusive and was firm when dealing with others, this should not deny him the right to life.
“The deceased was a hard worker and a perfectionist. He was described by some of the witnesses as a man who could be ‘beside himself’ with anger if things were not done properly on the business side.
“The deceased ensured that his children were educated so that they could earn a proper living and wanted his children to farm. He took care of the accused and wanted to ensure that she was well provided for after his passing on.”
She reminded the court that the deceased shared a close relationship with his daughters, Loudine and Lo-Amie, and his cousin, Riaan Botha.
“There was a long standing tradition to talk to Riaan at least once a day on the telephone. His life was cut short at the hands of the accused. The anguish of his loved ones must be enormous.”
Legal representative for the accused, Advocate Johan van Niekerk, stated that his client wished to appeal both the conviction and sentencing.
He added that it was not in the interests of justice to keep the accused in custody, pending the application for leave to appeal that has been scheduled to take place on April 21.
State Advocate Adele van Heerden did not oppose the application for the accused to be released on bail for an amount of R5 000.
Botha’s youngest son, Phillip Botha, stated on Thursday that the family were “taking it day by day”.
“We will wait for the outcome of the appeal.”
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