Paedophile Lotter taken into custody

NELSPRUIT – The case of Carl Christiaan Lotter has been riddled with controversy and dragged on for several years before he was sentenced.

The Lowveld community expressed outrage after he was found guilty on eight counts of indecent and sexual abuse of the two children of a family friend, but received only a suspended sentence. This was despite the fact that Lotter had a previous conviction of sexual child abuse.

Specialist prosecutor Ms Isabet Erwee lodged an urgent appeal against what many called an inappropriate sentence. The appeal was moved to the Pretoria High Court where two judges replaced Lotter’s suspended sentence last month with four years’ effective jailtime.

Defence attorney Mr Coert Jordaan immediately asked for the right to appeal against the new judgement but was denied the right. Jordaan also asked for discount on the years Lotter must serve based on his previous sentencing, but this was denied. The reason was that Lotter had basically been a free man since the Nelspruit judgement last year and had as yet served no jail time.

A few days after the new ruling, Jordaan lodged an application in the Nelspruit Court to release Lotter on bail, despite the High Court order. The application was brought before the same magistrate Mr Erwin Sithole who had given the suspended sentence, and without the knowledge of the state prosecutor, Erwee. Sithole granted bail.

The matter was brought to the attention of the National Prosecuting Authority, who told Lowvelder that they were not aware of any legal basis for the above unfortunate request nor of any legal basis for the order made. The source confirmed that Jordaan and Sithole’s actions were “highly irregular” and that they were considering what steps to take.

“After we managed to obtain an order in the High Court that the accused hand himself over, Mr Jordaan applied for bail pending a petition to the Supreme Court of Appeal. The High Court refused bail and ordered that the accused hand himself over on March 6 to serve his sentence. It was also ordered that a copy of the judgement be sent to the Magistrate`s Commission and the Bar Council,” she added.

Early on March 5 Lotter presented himself at the Nelspruit Court, at which the High Court judgement was handed down. He was immediately taken into custody.

During the High Court’s sentence last month Lotter was sentenced to four years’ effective jail time. The two judges also ruled that the molester’s name be recorded in the national sexual offences register.

They unanimously agreed that the Nelspruit magistrate, Sithole, who gave the original sentence, misdirected himself by this “disturbingly inappropriate sentence”. Both ruled that Lotter could not be returned to society without receiving treatment for his sexual urges.

During the appeal last month they also said the magistrate had underestimated the seriousness of the offence and the views that society holds on this type of offence. During the Nelspruit magistrate’s sentence, he said he could not be influenced by society’s call for blood.

They added that Sithole had failed to take into account the effect that Lotter’s previous transgressions had on his victims. “Children hold a very special place in society and they have the right to be protected.”

One of the judges added that Lotter had failed his moral duty by doing what he had done.

Read the previous article about the case here.

Lowvelder reported on the emotional scars of the young victims in this case.