Girlfriend killer wants to appeal
Eben Cloete (30), who was sentenced to 32 years by Judge Dinnah Usiku on 30 January for the gruesome murder of his girlfriend in 2009, has applied for leave to appeal.
Cloete, who was convicted on 7 September 2017 and subsequently sentenced, claims the judge misdirected herself by finding that the State had proven its case beyond a reasonable doubt.
He also claims there “exists a mouthful of doubt” with regard to aspects of legal compliance and/or acceptable practices by police officers in the case.
Cloete murdered his girlfriend, Anna Nadia Coetzee (27), on 13 August 2009 by stabbing her eight times with a knife in her parents' home at the then Neudamm experimental farm.
When Coetzee saw Cloete approaching, she ran into her bedroom and locked the door.
Cloete broke open the door, entered the room and attacked her.
He fled after stabbing her to death. Judge Usiku said during sentencing that domestic violence was regarded as an aggravating factor. She added such offences were prevalent in the country and the courts had a duty to protect the victims. Cloete is now arguing in his application for leave to appeal that the judge had accepted unreliable information, including unproven scientific evidence, to sustain a guilty finding beyond a reasonable doubt.
According to Cloete, no motive had been proven and there was no substantive proof of a history of domestic violence.
He further alleges the inferences made were not in line with the cardinal rules of logic and that the judge did not stay within the four corners of the proven facts, and went on to speculate about the existence of other facts.
Cloete alleges the judge erred by finding that the oral testimony of the investigating officer, crime scene officer and arresting officer worked in line with all the legal requirements to ensure a fair trial.
He also alleges the judge erred by imposing a sentence which is “bound to take the applicant to the point of being broken down”. He said he would have to serve two-thirds of his 32 years imprisonment, as per the provisions of the Correctional Services Act.
“I would serve 21 years and four months reaching, the age of 51 years in prison, which is not in the interests of economic justice,” he argued.
He pleaded for a sentence which does not predominantly reflect revenge.
Cloete urged to be granted leave to appeal, as there are reasonable prospects for success.
The case was postponed to 6 June to enable him to obtain legal aid.
FRED GOEIEMAN
Cloete, who was convicted on 7 September 2017 and subsequently sentenced, claims the judge misdirected herself by finding that the State had proven its case beyond a reasonable doubt.
He also claims there “exists a mouthful of doubt” with regard to aspects of legal compliance and/or acceptable practices by police officers in the case.
Cloete murdered his girlfriend, Anna Nadia Coetzee (27), on 13 August 2009 by stabbing her eight times with a knife in her parents' home at the then Neudamm experimental farm.
When Coetzee saw Cloete approaching, she ran into her bedroom and locked the door.
Cloete broke open the door, entered the room and attacked her.
He fled after stabbing her to death. Judge Usiku said during sentencing that domestic violence was regarded as an aggravating factor. She added such offences were prevalent in the country and the courts had a duty to protect the victims. Cloete is now arguing in his application for leave to appeal that the judge had accepted unreliable information, including unproven scientific evidence, to sustain a guilty finding beyond a reasonable doubt.
According to Cloete, no motive had been proven and there was no substantive proof of a history of domestic violence.
He further alleges the inferences made were not in line with the cardinal rules of logic and that the judge did not stay within the four corners of the proven facts, and went on to speculate about the existence of other facts.
Cloete alleges the judge erred by finding that the oral testimony of the investigating officer, crime scene officer and arresting officer worked in line with all the legal requirements to ensure a fair trial.
He also alleges the judge erred by imposing a sentence which is “bound to take the applicant to the point of being broken down”. He said he would have to serve two-thirds of his 32 years imprisonment, as per the provisions of the Correctional Services Act.
“I would serve 21 years and four months reaching, the age of 51 years in prison, which is not in the interests of economic justice,” he argued.
He pleaded for a sentence which does not predominantly reflect revenge.
Cloete urged to be granted leave to appeal, as there are reasonable prospects for success.
The case was postponed to 6 June to enable him to obtain legal aid.
FRED GOEIEMAN
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