Judge convinced that Botha was motivated by the desire to take over the financial control of the business that 'her husban ran with an iron first and controlled the purse strings'
JUDGMENT was reserved in the Supreme Court of Appeal last week, after Gloudina “Koekie” Botha, 68, appealed both her conviction and 12-year imprisonment sentence for the murder of her husband on their farm Kareehoek near Britstown in July 2010.
Botha claims that her husband had physically and emotionally abused both her and her son.
The deceased, Pieter Nicolaas Botha, was found dead in his bed with two gunshot wounds to the head, in what was initially believed to have been a suicide.
When she delivered her sentence in 2016, Northern Cape High Court Judge Mmathebe Phatshoane concluded that despite the defence maintaining that the intent to murder happened shortly before the fateful event, the offence could not have been orchestrated without premeditation.
“The accused pulled the trigger and shot him twice in the head. The crime scene does not leave room for any suggestion that the deceased was in a rage at the time of the shooting. Therefore it cannot be said that the murder was committed on the spur of the moment.”
In the absence of taking the stand, Phatshoane was convinced by the State’s argument that Botha was motivated by the desire to take over financial control of the business that “her husband ran with an iron fist and controlled the purse strings”.
“The motive for the murder was greed not need. She is still in denial that she murdered the deceased.”
Phatshoane pointed out that despite the testimony of Botha that the deceased was abusive and was firm when dealing with others, this should not deny him the right to life.
“The deceased was a hard worker and a perfectionist. He was described by some of the witnesses as a man who could be ‘beside himself’ with anger if things were not done properly on the business side.
“The deceased ensured that his children were educated so that they could earn a proper living and wanted his children to farm. He took care of the accused and wanted to ensure that she was well provided for after his passing on.”