Johannesburg -
Harvey Isha is a free man. After two years behind bars, Judge Geraldine Borchers found him not guilty of the murder of Kirsty Theologo.
On Thursday Isha, who was almost shocked at the outcome, knelt down in the dock and closed his eyes after the verdict was given in the “satanic” murder trial.
Judge Borchers, who delivered her judgment for the high court trial sitting at Palm Ridge Magistrate’s Court, said she believed him to be an honest witness, and added she could not infer that he had acted with the intention of assisting the group to murder Theologo.
Theologo’s mother Sylvia quickly embraced him and apologised for not believing him.
Courtney Daniels, the only girl accused, was found guilty of common assault and received a six-month sentence, which was suspended for five years.
Judge Borchers said although she had executed an action with serious consequences (pouring brake fluid into their drinks), she did not believe Daniels knew a murder was planned and acquitted her on that basis.
Lindon Wagner and Robin Harwood were found guilty of Theologo’s murder, and the attempted murder of her then 14-year-old friend Bronwyn Grammar.
The boys, who showed some real emotion for the first time, immediately went to find comfort from their mothers.
Judge Borchers said she found Wagner to be a thoroughly unimpressive witness who was sly and dishonest, and had directly gone to kill both girls on the night they were attacked.
She said Harwood was a vague and evasive witness who was aware that Theologo would die.
Meanwhile, Daniels’s mother Melanie was filled with relief. She said she hoped her daughter had learnt a lesson.
“I thank God from the bottom of my heart… I pray no one goes through what we went through,” she said.
Throughout the reading of the judgment, Theologo tried to contain her tears, breathing heavily and moving restlessly while the judge spoke.
Just before the proceedings began, the family had said they just wanted the whole thing to be over with.
Theologo brought along a portrait of Kirsty and kissed it when Judge Borchers recapped the events of the night of October 21, 2011.
Before Judge Borchers gave the suspended sentence, Daniels’s lawyer, Enrico Guarneri, had suggested a R1 000 fine
for the offence.
“No! For my daughter’s life?” Theologo’s family shouted in disbelief.
After judgment and the sentencing of Daniels, Theologo was overcome with emotion.
“I wish they didn’t kill my child… You do the crime, you do the time,” she said.
On the murder acquittal of Daniels, she said: “If she’s not guilty, she’s not guilty.”
She said her daughter’s death had affected more than just her.
“All my children have changed… If I’m in so much pain, I can’t imagine how much they’re in,” she said.
Theologo said she was proud that her daughter had fought back when the group tried to tie her up. “Awe Kirsty!” she said.
Wagner and Harwood’s sentencing was due to be heard on Friday.
The Star