Sampie Hearn (Photo supplied)
Sampie Hearn, one of the young men who was earlier found guilty in connection with the death of Daniël Botha at a Benoni nightclub, was acquitted by the Gauteng High Court in Pretoria.
According to a statement received by Maroela Media, Hearn’s conviction and sentence were overturned. Jacques de Lange, his co-appellant, was also found not guilty. The judgment was delivered on May 28 by Acting Justice ND Kekana, with Justice JS Nyathi concurring.
Maroela Media previously reported that Botha was assaulted at Dingo’s Pub in Benoni in July 2018 and died from his injuries about ten days later. Gideon Fourie was found guilty of murder in the Benoni Regional Court in 2023 and sentenced to 15 years in prison. At the time, Hearn and De Lange were found guilty of assault with intent to seriously injure and each sentenced to five years in prison, of which two years were suspended.
The High Court has now found that the state could not prove beyond reasonable doubt that Hearn or De Lange played any role in the assault of Botha. Their convictions and sentences were consequently set aside in their entirety.
At the same time, the court changed Fourie’s murder conviction to culpable homicide and his sentence was reduced to ten years in prison.
According to the statement, in its ruling the court expressed concern about inconsistencies in the testimony of certain eyewitnesses. The court also found that the medical evidence did not support the allegations that Botha was kicked by several attackers.
Daniel Botha. (Photo: Provided)
The ruling refers, among other things, to the fact that medical experts, including the doctor who performed the post-mortem examination, did not find injuries consistent with the alleged serious assault by several persons. The court also pointed out that Botha’s organs were harvested for organ donation after his death, which according to the court is difficult to reconcile with allegations of extensive bodily trauma.
Maroela Media reported earlier that Hearn denied during the trial that he had assaulted Botha. He testified at the time that after the incident he tried to get help for Botha and, among other things, made contact with Botha’s parents.
According to the statement, the Supreme Court further noted that Hearn was initially considered a state witness and cooperated with investigating officers from the beginning. Early statements and a voice recording from a key witness apparently did not implicate him in any assault.
“I was incredibly emotional,” Hearn said after the verdict. “It wasn’t until a few days later that the reality of it kicked in. It felt like an enormous weight had been lifted off my shoulders.”
Sampie Hearn during court proceedings (July 2022) (Photo: Tania Heyns)
Hearn says the case has taken a huge personal toll over nearly eight years. According to him, the public accusations, media exposure and the constant possibility of imprisonment have affected his career, finances, marriage and personal relationships.
“It was incredibly difficult,” he said. “I would never have survived without the support of my parents and a counsellor. It took me a long time to talk openly about the matter.”
He says he had to give up a promising sales career at that time after customers started treating him differently. According to the statement, he also struggled to find work while the conviction was registered against his name.
Hearn says he now wants to focus on rebuilding his life and spending time with his family and son.
“I finally feel like a big burden is off my shoulders. I just want to enjoy time with my family and my son again without this case hanging over us like a dark cloud.”
He thanked his parents, family and legal representatives, Leoni Naude and Marius van Wyngaard, for their support through the court case.