Van der Vyver damages claim dismissed

Bloemfontein - The police ministry has won an appeal against Fred van der Vyver, who successfully sued the State for maliciously prosecuting him for the murder of his girlfriend Inge Lotz.

The Supreme Court of Appeal on Thursday overturned an earlier finding by the Western Cape High Court that the ministry could be held liable for damages following Van der Vyver's prosecution for Lotz's murder in 2005. He was acquitted in November 2007.

The appeal court found Van der Vyver failed to prove malicious intent on the part of police officers investigating the crime.

It was "far more probable" that police had made a mistake with fingerprint evidence than that there had been a "complicated fraudulent scheme" by officers against Van der Vyver.

It set aside the earlier ruling with costs, finding that since Van der Vyver's civil or constitutional claim against the police was based on the same premise, those could not succeed either.

Lotz was found beaten and stabbed to death in her Stellenbosch flat in 2005.

Andre Jansen Van Vuuren 2013-03-28 01:12:20 PM
Well done! Let the family rest now. Gey on with your life, your free to live it!
Gerrit Goosen 2013-03-28 01:16:29 PM
Eish, nog twee miljoen down the drain
Gerhard du Toit 2013-03-28 01:34:57 PM
Van der Vyver se span het op "spec" gewerk. Dit kos hom niks behalwe die koste bevel teen hom (indien enige). Hulle het 'n groot flater begaan deur net die polisie te dagvaar, terwyl die eindelike besluit om te vervolg by die openbare vervolging le.
Christopher Mark V Lowe 2013-03-28 01:35:26 PM
The only bit of good news coming out of the SA courts today. Now, what about justice for Inge Lotz?
Sbongiseni Ngcobo 2013-03-28 02:51:25 PM
Mr van der Vyver must try his luck on lotto this weekend. It is R40 000 000 guaranteed. He stands a very good chance.
Sbongiseni Ngcobo 2013-03-28 02:52:19 PM
This man owns trucks, Van der Vyver Vervoer.
William Booysen 2013-03-28 05:16:10 PM
I really feel for Fred! If He didn't have the money to prove his innocence he would have sat in jail for something which He prove BEYOND ANY DOUBT HE DIDN'T do!
Rocco DeWet 2013-03-29 02:12:13 PM
I disagree with Mr. Booysen. Perhaps beyond reasonable doubt. But a significant part of the doubt could be ascribed to the fact that the police bungled this case. And the fact that the Van der Vyver's were able to afford a great defense attorney. OJ Simpson was judged to be innocent in a court of law by the same legal standard. Was OJ really innocent? The evidence in this case pointed in the direction of a crime of passion, which usually involves the partner. And if wasn't the partner, the partner would probably at least have a suspicion who the "competition" was. So unless the murderer is identified, Van der Vyver will have a burden to carry, unfairly or perhaps fairly. My heart still goes out to the deceased Inge Lotz,and her parents, undoubtedly the real victims in this tragedy. And if a murderer other than Van der Vyver is identified, I will feel badly for him too, since I presume many still regard him as the prime suspect. At this point the only person that knows for for sure whether he is innocent or guilty, is Van der Vyver himself.