Botha case was ’emotionally draining’ says investigator

The police officer behind the successful conviction of Gideon Fourie, Jacques de Lange and Sampie Hearn, said he is relieved that justice has been served for Daniël Botha’s family.

He had, however, hoped for a 25-year jail term for Fourie.

Detective Warrant Officer Mduduzi Jinika of the Benoni SAPS, investigated the case following Botha’s assault at Dingo’s Pub, in Lakefield, in the early hours of July 26, 2018.

Jinika said, compared to other cases he has investigated since he became a detective in 1996, this murder case took longer to conclude due to postponements prompted by various reasons.

Fourie was sentenced to 15 years imprisonment for murder on May 9, while his co-accused, Jacques de Lange and Sampie Hearn, both convicted of assault with the intent to cause grievous bodily harm, received a sentence of five years imprisonment each.

Initially, a case of assault with the intent to cause grievous bodily harm was opened at the Benoni SAPS but the charge was amended to murder when Botha died of his injuries three days after the assault.

Jinika said it wasn’t hard to trace the accused.

“Fourie handed himself over to police on July 31, 2018, in the presence of his attorney. A few days later, we arrested his two accomplices after I phoned them and requested them to come to the police station.

“Fourie, who was well-built at the time, denied assaulting Botha with his two accused.”

Also Read: WATCH: Daniël Botha murder: family hoped for 15-year sentence for all three accused

The investigator described what happened that fatal night. Botha, who was with a female friend, was approached by De Lange, who enquired about a teeth-whitening toothpaste that Botha’s female friend was selling, as he had seen a post on Facebook about it.

When she affirmed that she was selling the toothpaste, De Lange said he wanted two tubes.

“Fourie then joined them and requested to smoke Botha’s hubbly bubbly, to which Botha agreed.

“When De Lange took out money to give to the female friend to buy the toothpaste, Fourie asked De Lange ‘you want to buy this whore now? Why are you giving her money?’
“The woman then asked him why he was calling her a whore. That’s when Botha suggested that they moved to another table.”

Jinika said Fourie became angry, requesting Botha ‘you want to take me on?’ and then assaulted and strangled Botha.

Botha passed out and his female friend called a bouncer at Dingo’s, who instructed Fourie to take Botha to the hospital.

During sentence, magistrate Ian Cox said Botha died because of a severe brain injury and, according to a neurosurgeon, the cause of the brain injury leading to his death was strangulation.

Botha’s family had to make the difficult choice of taking him off life support three days later when he was declared brain dead.

Witnesses Jinika interviewed as part of the investigation included a doctor who attended to Botha at Life The Glynnwood Hospital, the pub’s bouncer and the female friend.

Jinika said the investigation was emotionally draining as he had to continuously update the family, who were torn apart by the incident.

“At some point, I had to revisit the scene, while I was on leave, with the magistrate, prosecutor and the defence attorneys to investigate how the incident had occurred.”
He said at the time the pub had no CCTV footage.

Jinika joined the SAPS in 1992 and has secured quality convictions over the past 30 years. He lives in Daveyton and is a father of five children.

When not at work, you will find him on a sports field playing or coaching football. He is also the co-founder of Imbewu Entle Youth Development and is a karate fanatic.

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