When the three men responsbile for the death of Daniël Botha are sentenced in the Benoni Regional Court on May 9, his stepfather will not be able to attend court proceedings after he was accused of intimidating a lawyer and one of the convicts who is currently out on bail pending sentencing.

Magistrate Ian Cox yesterday barred André Pretorius from attending further court proceedings saying it was the first time in his more than three decade-long career that he had to do such a thing.

Botha was severely assaulted at Dingo’s Pub in Lakefield in the early hours of July 26, 2018 and later died of his injuries. Gideon Fourie, Sampie Hearn and Jacques de Lange were found guilty on charges related to his death.

Fourie, who has been found guilty of murder and De Lange and Hearn who were convicted of assault with the intent to cause grievous bodily harm, were in court yesterday to be sentenced, but procedures could not continue due to the absence of a probation officer report.

Addressing Magistrate Cox during the proceedings, an attorney said Pretorius had been aggressive towards him and threatened him and his client. He also stated that although the court previously prevented Pretorius from attending proceedings, the threats persisted.

The attorney asked how he is expected to conduct himself as an attorney when he must constantly look over his shoulder. He described the situation as ‘uneasy and unpleasant’.

Prosecutor Basil Marishane told the magistrate that Pretorius previously said he was angry because the case had been dragging on since 2018.

Cox explained that in criminal matters there are key role-players and various factors necessitate postponements, hence the matter has been ‘dragging’.

He said that Pretorius’s behaviour is unacceptable, and it appears he has anger issues and cannot control himself.

Fourie remains in custody while De Lange and Hearn’s bail was extended.

Events on that fatal day

Botha went to play action cricket in Edenvale whereafter he and a friend went to Dingo’s pub.

According to Benoni SAPS spokesperson Nomsa Sekele, a fight broke out and Daniël was severely assaulted and sustained head injuries.

Following the assault, Fourie took Botha to hospital and left him there. His family had to make the difficult choice of taking him off life support three days later when he was declared brain dead.

Fourie handed himself over to the police on July 31 and 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.

The three accused were all aged 22 at the time of the incident.