Naidoo to appeal life term

20 March 2012 - 02:27 By NIVASHNI NAIR
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Mathew Naidoo, described as a cunning and conniving man who wanted to harm the Lotter family, will fight against spending the rest of his life behind bars.

Hardus and Nicolette Lotter make their way out of the Durban High Court yesterday after being sentenced Picture: TEBOGO LETSIE
Hardus and Nicolette Lotter make their way out of the Durban High Court yesterday after being sentenced Picture: TEBOGO LETSIE
Hardus and Nicolette Lotter make their way out of the Durban High Court yesterday after being sentenced Picture: TEBOGO LETSIE
Hardus and Nicolette Lotter make their way out of the Durban High Court yesterday after being sentenced Picture: TEBOGO LETSIE

Shortly after Durban High Court Judge Shyam Gyanda sentenced him to life imprisonment for the double murder of Johan and Riekie Lotter in 2008, Naidoo instructed his attorney, Vijay Sivakumoor, to appeal the sentence.

"He has given me instruction to appeal and we have begun working on it," Sivakumoor said yesterday.

He said Naidoo was upset that he had received a "worse sentence" than his former girlfriend, Nicolette Lotter, and her brother Hardus.

Hardus will have to serve six years of his 10-year sentence before he can be released, and Nicolette will have to stay behind bars for at least 10 years of her 12-year sentence.

"The court heard evidence of the accused [Nicolette and Hardus] being controlled, and their belief that their parents were evil and had to die, amounted to substantial and compelling circumstances to deviate from the prescribed sentence of life imprisonment," Gyanda said.

He said though the three accused wereat the beginning of their lives, the case was terrible.

"This is such a terrible case when one considers two very useful members of society were killed for no apparent reason whatsoever."

The court had accepted the siblings' version that Naidoo portrayed himself as the third son of God so as to manipulate them into killing their parents.

Hardus testified last year that he had attacked his mother with a stun gun, hit her with his fists and sat on her for about 15 minutes before Nicolette stabbed her repeatedly.

He had strangled his father with electrical cord by tightening it around his neck for about 20 minutes.

Naidoo stared ahead when Gyanda said his arrogance during the trial was "second to none seen in this court. He had a plan for the Lotters."

Upon hearing his fate, Naidoo turned to his inconsolable mother and shrugged.

His mother, Rita, rushed out of the court room to avoid the media frenzy.

The emotional siblings hugged their aunts and uncles before they were taken to the holding cells.

The pair's uncle, Rev Willem Lotter, told the court earlier that the siblings were forgiven because they were loved but their crime was hated.

He said his brother and sister-in-law were loving and devoted parents, and their death was a loss to society and the family, which was still struggling to come to terms with the "betrayal from within".

He asked for forgiveness for the family's refusal to support the siblings.

"I want you to know that you have been judged in the high court of heaven and that you have been found guilty of dishonouring and killing your parents.

"You are on death row and face the death penalty, but the son of God has taken your place in the execution. Your earthly part may not be acquitted and there will be a price to pay, but I encourage you not to despair," he said.

Though the family welcomed the sentences, Christelle Lotter still refuses to speak to her siblings.

Speaking through her attorney, Piet Matthee, Christelle said she believed that the court had taken all factors into account and she accepted the sentences imposed on her siblings.

She said that though the trial was over her parents' murder was still unreal to her.

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