Sudden twist in Lotter trial

08 November 2011 - 02:56 By NIVASHNI NAIR
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Lotter murder convicted Mathew Naidoo in the Durban High Court.
Lotter murder convicted Mathew Naidoo in the Durban High Court.

In a dramatic bid to escape intense cross-examination, Mathew Naidoo has pleaded guilty to murder but refused to admit to killing Riekie and Johan Lotter.

His plea, that confused even his own lawyer, Vijay Sivakumoor, was initially accepted by the Durban High Court but was then rejected when Naidoo said he did not cause the couple's death and was not involved in the planning of the murders.

Naidoo is alleged to have been the mastermind behind the brutal killings and according to his co-accused, the couple's children, Nicolette and Hardus, manipulated them into believing that he was the "third son of God" and that God wanted their parents dead.

After asking for a mental evaluation while crumbling under cross-examination from Hardus's advocate Roland Parsotham on damning letters in which Naidoo wrote that he hated his own mother and that Johan would be killed, the 25-year-old said he wanted to make statements to the court.

After an independent lawyer, appointed by the Bar Council chairman, consulted him, Naidoo told the court that he was "involved in the heinous crime".

"I completely confess to this crime," Naidoo, who was on bail, said before asking Judge Shyam Gyanda to arrange for him to be kept in isolation at Westville Prison.

Naidoo was then told to make a detailed statement to Sivakumoor but when proceedings resumed, he insisted that he was guilty of covering up the crime and "was taking the blame" but did not kill the couple.

"I didn't kill, but I did try to cover up for Nicolette and Hardus," he said.

When Judge Gyanda asked him to explain his reasons for pleading guilty to murder if he did not kill the couple, Naidoo shook his head and said: "I don't know which way to turn. I don't want to deceive the court but I just can't remember certain things for cross-examination.

"I am sorry that it may seem that I am wasting the court's time but I thought that if I pleaded guilty that would be good enough. I don't understand this. I am truly sorry that two people are dead. I didn't cause the death. I just want peace for the Naidoo and Lotter families. I did not use Nicolette and Hardus," he said.

The judge then told Parsotham to continue with cross-examination while Nicolette and Hardus smiled at each other in the dock.

Shortly before the end of the day's proceedings, Gyanda said he intended to cancel Naidoo's bail because he had mentioned twice during cross-examination that "if he was guilty, he would not be regular at court".

Prosecutor Sheriza Ramouthar told the court that she had planned to make an application to cancel Naidoo bail because he had also admitted to being an accessory to the crime.

"Please, my Lord, I come to court regularly. I am begging you please don't send me to jail. I am under severe stress. People raised funds for my bail. Please don't send me to jail," he said.

After stating that Naidoo's bail fundraisers would be given back their money, the judge revoked his bail.

Naidoo sighed loudly and covered his eyes. He turned around to look at his mother, Rita and pastor Victor Paul, who have been at proceedings since the start of the trial two weeks ago.

Earlier, Naidoo read out a letter to God in which he said that he hated his mother and that his uncles "lusted over his white wife [Nicolette]".

Taken by surprise when the letter was handed to him, Naidoo said he loved his mother and that she always stood by him.

But during the tea break when he sat next to his mother, she looked away and did not speak to him.

The trial continues today.

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