/ 17 April 2002

Judge doubts rugby player’s evidence

GIVING judgment in the murder trial of five Pietersburg rugby

players, Pretoria High Court Judge President Bernard Ngoepe said he had his reservations about testimony of an apparent attempt by some of

them to throw the victim, Tshepo Matloha, over a fence, which

caused his death.

Ngoepe had not given his verdict by lunchtime and was still

summarising evidence.

He referred to the ”unsuccessful” attempt by accused Riaan

Botha, the then team captain, to develop a version of events that after

Matloha was initially apprehended and left behind in the veld, some

of the other players had gone back and tried to throw the

19-year-old over a 2,4m-high fence.

Dr Ernst Kruger, a forensic pathologist in private practice,

testified in Botha’s defence that a woman in a blue dress had told

him about such an incident. The woman was apparently a friend or

relative of one of the accused.

Kruger said the skull fracture Matloha had sustained, was

compatible with such a version of events, and that the fall had probably

caused his death.

Botha and 10 other members of the Noordelikes rugby club in

Pietersburg were on a farm near Dendron on the weekend of March 24

and 25 last year. On the Sunday morning, they went for a game drive

and realised that there were poachers on the farm.

Matloha was apprehended, and according to some witnesses

assaulted and left in the veld.

Botha testified that in the afternoon he and some of the players

went for another game drive, leaving some of the others behind

at the farmhouse.

His co-accused denied they had gone back and tried to throw the body over the fence.

Ngoepe said: ”The problem with Dr Kruger is that he is adamant

that the deceased sustained the head injury during an attempt to

throw him over the fence.

”Clearly he was married to the story of the lady with the blue

dress.”

Kruger was not prepared to concede that the head injury could

have resulted from blunt force, Ngoepe said.

He said Kruger startled the court when he testified about an

argument between Botha and Matloha.

”No wonder that in cross-examination Dr Kruger was accused of

being biased in favour of (Botha).”

At times, Kruger went rambling on, regardless of the questions

put to him, Ngoepe said.

But he added: ”As far as the material findings of the post

mortem is concerned, he agrees substantially with Dr Bhootra.”

Bhootra is the state pathologist who did the post mortem on

Matloha.

Northern Province (Limpopo) premier Ngoako Ramatlhodi was on

Wednesday present at the Pretoria High Court.

Botha, Kobus Joubert, Ben Korff, Francois Velloen and Corne

Kloppers are charged with Matloha’s murder and the attempted murder

of his cousins, Alex and Melford Motlokwana.

Botha and Joubert face a charge of defeating the ends of justice

for throwing Matloha’s body into a dam. A charge of malicious

damage to property against Botha relates to the shooting of five

dogs. – Sapa