Ben du Toit, a millionaire farmer jailed for 32 years for murdering his wife, wants to be released on parole and the chance to prove his innocence.
This emerged in the Pretoria High Court this week when Du Toit sought an order to set aside a decision by the parole board at the Pretoria Central Prison, refusing to release him.
The Johannesburg High Court sentenced Du Toit (53) to 32 years’ imprisonment in October 1997 for the 1992 murder of his wife, Joyce, who was bludgeoned to death in her bed. He was also convicted of falsifying his wife’s will, and of false insurance claims involving millions.
Du Toit, who remarried shortly after his wife’s murder, was only arrested more than five years after her death. He insisted that he was innocent and that unknown robbers had killed his wife.
His appeal against his conviction failed, but the Appeals Court later reduced his sentence to 28 years.
Du Toit said that with special remissions, he was now entitled to release on parole after serving nine years and eight months of his sentence.
He said the parole board’s decision not to release him, but to order that he undergo further anger and stress management to address his ”denial”, was ”irrational”, as he was a model prisoner and no danger to society.
He felt his proclamation of innocence was being unfairly held against him.
In court papers, Du Toit claimed he had not had a fair trial, that vital evidence was suppressed and that he was convicted by the press and public.
He wanted the Constitutional Court to reopen his trial and the investigation into his wife’s murder.
Du Toit said his disabled son and daughter, now in matric and receiving no support from his or his late wife’s family, needed him. He and his second wife were estranged and would probably be divorced.
On Friday, Judge Chris Botha changed the parole board’s order that Du Toit could only reapply for parole in 18 months’ time, and ruled that the board reconsider his case on January 20.
Du Toit might not need anger management and his denial of guilt might not translate into aggression, but this did not necessarily mean he was entitled to parole, Botha said. — Sapa