Pretoria - Businessman Retief Liebenberg, 50, who fired nine shots, killing a father and son instantly, walked out of the high court a free man on Thursday.
Judge Mohamed Ismail labelled Liebenberg’s actions as “robot-like” during the 10 seconds in which he continuously fired the shots.
The Benoni resident escaped a double murder conviction, thanks to the testimony of the head of Weskoppies Hospital in Pretoria.
Afterwards, an emotional Liebenberg appeared to pray as he sat dead still for several minutes in the dock of the high court in Pretoria.
Judge Ismail acquitted him of murdering Dewald Visser, 47, and his son Poena, 19. He found Liebenberg acted in a state of dissociation when he fired nine shots - five hitting the father and four the son.
Head of Weskoppies Hospital, Professor Jonathan Scholtz, testified on behalf of Liebenberg that although there were no objective tests to confirm the accused suffered from amnesia when he fired, the facts of the case confirmed this.
Liebenberg feared that the Vissers would harm him and his daughter Chevonne, who was Poena’s girlfriend, and his extreme fear triggered his actions.
The court accepted Scholtz’s findings. The judge said he posed several questions to the expert, who was held in high esteem, and he answered every one of them. His findings were also uncontested.
Judge Ismail said he considered all the evidence against the backdrop of Scholtz’s expert evidence and concluded Liebenberg had acted mechanically when he fired the shots. Liebenberg’s second defence -one of private self defence - had the judge frowning. He branded this defence as a red herring. “Had it not been for Professor Scholtz’s evidence, he could have been convicted of murder,” the judge said.
He accepted Scholtz’s evidence that Liebenberg acted involuntarily for a few seconds and was unable to distinguish between right and wrong. He lost his ability to control his actions when he fired the shots.
Liebenberg told the Pretoria News in a trembling voice that he never meant to shoot the pair. “I am so sorry for what happened. This was a terrible time for me and my family. This is not something I planned. Both our families suffered loss - they lost their love ones; our lives will never be the same again.”
Emotional scenes played out in court with the Liebenberg family shedding tears of relief. His wife Roxanne cried uncontrollably and could not speak to the media. A family member said they were relieved but could now move on.
The Vissers gasped in shock, before dashing out of court, with Poena’s brother Demetrio, saying: “This was ridiculous” and that he was going to appeal.
Visser’s widow, Sherese, said through tears: “I don’t know how I feel. I am simply shocked.”
Earlier, Liebenberg testified that he had amnesia for a few seconds and did not realise that he had shot the pair in his home on October 31, 2013. The last thing he could recall was that the father and son were attacking him.
His next recollection was of his brother shaking him and telling him to stop firing. He then saw Visser snr lying at the front door, and Poena in the kitchen.
Chevonne described Poena as aggressive and abusive. She tried to hide from him, but he came to her parental home, where she lived, on the day of the incident. Her father told him to leave, but Poena instead phoned his father for back-up.
Liebenberg said he was terrified of them, as they were known for their aggression, and all he wanted was to protect his daughter. She was a drug addict at the time and he believed that Poena supplied her with substances.
Liebenberg said on that fateful day he went upstairs to call Chevonne for dinner but found Poena lying on her bed with his hands behind his head.
Liebenberg said there was blood on the curtains. He feared that his daughter had been hurt. He said Poena wagged his finger in his face, saying he was going to “f*** me up.”
Liebenberg told Poena that he was going to phone the police, but he replied it would not help, as his family had friends in high places.
He was afraid and fetched his firearm, which he had forgotten on the fridge the previous day.
Liebenberg said when he got to the lounge, Visser walked through the door, and without saying anything, tried to punch his brother.
Chevonne, who was also in the lounge, fainted. “As I tried to pick her up Poena and his father punched me in the chest. I also felt blows to my face and neck. That is the last I can remember.”
Pretoria News
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