7 September 2008
Cape Town — Fred van der Vyver, found not guilty of the murder of his girlfriend, Inge Lotz, has until the end of the week to surrender his takkies and an ornamental hammer used as evidence by the state in his trial.
The items will be handed to the Cape High Court because they feature in a civil case being brought against him by Lotz's parents, Jan and Juanita Lotz of Welgemoed.
They want the items because they believe they are crucial evidence that could "disappear or be tampered with".
The hammer was described by the state in Van der Vyver's murder trial in the Cape High Court as the murder weapon, although this was dismissed by the court.
The shoes featured in the trial because the state claimed Van der Vyver had left a bloody footprint in Inge's flat. This too was dismissed by the court.
The Lotz family claims Van der Vyver is using delaying tactics to avoid defending himself in the civil case.
Lotz, a Stellenbosch University student, was found dead in her flat in Stellenbosch on March 16, 2005. She had been bludgeoned to death and stabbed.
Five of the stab wounds pierced her left lung and three of her ribs were severed. Her attacker made off with a fruit knife and the remote control which granted access to the complex where she lived.
Van der Vyver was acquitted of murdering Lotz. In handing down judgment, Cape High Court Judge Deon van Zyl had harsh words for the police detectives investigating the murder.
Judge Van Zyl rejected the evidence of various police officials and labelled aspects of the investigation as "unscientific", "incompetent" and "unprofessional".
Jan and Juanita Lotz are each claiming about R4-million from Van der Vyver, claiming he is responsible for their daughter's death and that his alleged conduct caused them "severe emotional shock and psychological trauma".
The amount they are suing for includes damages for psychological injury, permanent loss of amenities of life, pain and medical expenses. The amount was subject to quantification and expert opinion.
Van der Vyver's Hi-Tec takkies and the ornamental hammer, given to him by Inge, were both exhibits in the criminal trial and handed back to Van der Vyver on his acquittal.
In terms of Rule 36(6) of the Superior Court Practice Rules "any party may give notice requiring another party to make available for inspection or examination property under that party's control which may be relevant with regard to the decision of any matter at issue in any action".
Dani Cohen, a spokesperson for the Lotz family said: "They are concerned the articles may disappear or be tampered with before they can be examined by experts."
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