After eight years of repeated postponements, judgment was finally handed down in the long-running murder trial of Gert Hitzeroth.

Hitzeroth was killed on May 19, 2018.

The suspects, Shaun Walter Beaton and Bianca Jackson, first appeared in court on May 28, 2018.

On February 17, eight years later, the Palm Ridge Magistrate’s Court delivered its verdict.

Beaton, who faced a charge of murder, was accused of striking Hitzeroth with an aluminium baseball bat during a confrontation at his home.

He pleaded not guilty, claiming he acted in self-defence and did not intend to kill. He was also accused of being involved in Hitzeroth’s drowning in a swimming pool.

Jackson faced charges of obstructing justice and being an accessory to assault. She denied any involvement in hiding evidence.

Post-mortem findings

Senior forensic pathologist Dr Tinyiko Nkondo told the court that Hitzeroth’s death was caused by blunt force trauma, or drowning, or a combination of both.

Nkondo said injuries to Hitzeroth’s face, including abrasions around both eyes, were consistent with blunt force impact but were not severe enough on their own to cause death.

She also noted several other contusions and internal injuries, including signs of forceful trauma to the head and torso.

“The injuries to the eyes were not extensive but indicative of blunt trauma. However, the cause of death might also have been a combination of multiple blows rather than any single incident. Contrary to initial claims, drowning might also be a contributing factor to his death,” Nkondo testified.

The defence highlighted parts of the post-mortem report, arguing that the death was likely caused by several factors rather than a single injury. They also referred to evidence that the deceased had a fatty liver, which they said may have contributed to his condition.

Court proceedings

Beaton and Jackson reappeared in court on February 17 after earlier indicating they might apply for the presiding magistrate to recuse herself. However, after consulting with their lawyer, they decided not to proceed with that application.

The defence then asked for another postponement to file a reply to the State’s heads of argument. The magistrate said a formal application would be required and noted that the matter was already at an advanced stage and needed to be finalised.

The magistrate refused a request for a postponement, and the defence then submitted a draft reply.

In their arguments, the defence said the State’s evidence was inconsistent, pointing to contradictions in the testimonies of three witnesses. They questioned claims that Hitzeroth had acted aggressively and said there was no clear explanation for why he allegedly struck Beaton first.

The defence maintained that Beaton acted in self-defence and that he had no intention to commit murder or culpable homicide. They further argued that there was essentially no case against Jackson, as she acted on Beaton’s instructions.

The State declined to present further arguments.

The judgment

In delivering judgment, the magistrate said the court was satisfied that the State had proved its case beyond a reasonable doubt.

Jackson was found not guilty of obstructing justice and being an accessory to assault. The court accepted that she acted under Beaton’s instructions.

Turning to Beaton, the magistrate noted that witnesses testified six years after the incident and that minor inconsistencies were to be expected as memories fade over time. The court said it had approached the testimony with caution.

However, the magistrate rejected Beaton’s claim of self-defence. The court ruled that his actions were dangerous and not aimed at protecting himself or his family.

The magistrate questioned why, if Hitzeroth had been aggressive and had already struck Beaton, he did not lock himself and Jackson inside the house or ask Hitzeroth to leave. Instead, Beaton went inside to fetch a baseball bat.

The court also questioned why he left Jackson alone outside with someone he claimed had assaulted him.

“The court finds that accused one (Beaton) was the aggressor and was not acting in self-defence,” the magistrate said.

The court further ruled that dragging the unconscious Hitzeroth to the pool and using a pool brush to move him to the shallow end was dangerous and unnecessary.

The magistrate said that although Hitzeroth did not die immediately, Beaton’s actions placed him at serious risk.

The court found Beaton to be the sole perpetrator and convicted him of one count of murder.

After the judgment was handed down, Jackson and Beaton shared a long, emotional hug. Outside the courtroom, members of Hitzeroth’s family were heard saying, “Finally.”

Beaton was remanded in custody. The matter will return to court on March 4 for a new bail application by the defence.

Sentencing is scheduled for April 20.

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