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DURBAN:080312
Hardus and Nicolette Lotta comforted by relatives after the sentencing for the murder of their parents
PICTURE:GCINA NDWALANE
His 30th birthday will be approaching when Hardus Lotter becomes eligible for release from prison.
His sister Nicolette – one of his partners in the brutal murder of their parents – will be almost 40 when she becomes eligible for parole.
In contrast, their co-accused, Nicolette’s former boyfriend Mathew Naidoo, will have to serve at least 25 years behind bars and at his earliest parole date he will be over 50 years old.
This is the effect of the sentences handed down yesterday by Durban High Court Judge Shyam Gyanda at the conclusion of the trial in which all three were found guilty of the murders of Johan and Rickie Lotter at their Westville home in July 2008.
The judge sentenced Hardus, who turns 24 this weekend, to 10 years for each of the murders, the sentences to run concurrently, and ordered a non-parole period of six years.
He sentenced Nicolette, 30 next month, to 12 years on each count, also to run concurrently, with parole only to be considered after 10 years. The siblings may yet appeal.
The judge said he had taken into account that the siblings had already spent four years in jail awaiting trial.
Naidoo, 25, who has been on bail most of the time, received two life sentences. All life sentences run concurrently, and he will only become eligible for parole after serving 25 years.
Naidoo’s mother Rita – who has attended every day of the trial – hurriedly left the court, avoiding the media, after hearing sentence being pronounced.
Hardus and Nicolette’s uncle, Willem Lotter – who earlier testified that they should expect to pay a heavy price for their actions – said: “They received a lot of grace. It’s now up to them to rehabilitate. We will keep in touch with them. We are committed to that process.”
Other relatives, who have sat through the gruelling evidence of the prolonged separate attacks on the Lotters, during which they pleaded for mercy and expressed their love for their children, described the sentences as “lucky” and “lenient”.
Christelle Lotter, their sister, said she accepted the sentence.
Speaking through her lawyer Piet Matthee, she said it was not for her to decide how they should be punished.
“She does not agree or disagree with (their sentences). She is glad that the trial has reached this stage and she can begin to move on.”
Matthee said that since Nicolette and Hardus had been convicted, they could not inherit from their parents’ estate, which would now be left entirely to Christelle.
In deviating from the prescribed minimum life sentences for the siblings, the judge ruled that they had “acted with diminished responsibility” and were under the influence of Naidoo, who claimed to be the son of God and convinced them that God wanted their parents dead.
“Why else would two normal people from a middle-class home execute their parents in this fashion?
“Yes, they must be punished. Society would be aghast if they get away with slaps on the wrist and like-minded people must be deterred, but there is sufficient evidence to establish that they were influenced.”
He described Hardus as a “tortured person” and Nicolette as an “abused woman”.
Regarding Naidoo, the judge said: “He has shown no remorse and there is nothing in his case which amounts to substantial and compelling circumstances (to deviate from imposing life sentences). He had arrogance second to none. He believed everybody else was stupid.
“He was cunning and conniving. He had a plan for the Lotters and he carried it out,” he said.
Hardus’s lawyer Roland Parsotham – who had earlier pleaded for his client to be given correctional supervision – indicated he was considering taking the sentence on appeal.
So too did Vijay Sivakumoor for Naidoo, referring to “lack of equity” in sentencing.
Theuns Botha, who acted for Nicolette, said his client had been disappointed at the sentence.
“She has asked me to research the non-parole period and if she can appeal against it,” he said.
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