Van der Vyver trial malicious - court

2011-08-15 22:25 Cape Town - The prosecution of former Stellenbosch student Fred van der Vyver for the murder of fellow student Inge Lotz was malicious, the Western Cape High Court ruled on Monday.

Van der Vyver was found not guilty by Judge Deon van Zyl and two assessors after a trial that lasted nine months.

Veldhuizen said malice meant those involved in the investigation must have foreseen the possibility of an acquittal, but continued with the investigation against Van der Vyver nevertheless.

He was satisfied, on a balance of probablilties, that the prosecution should never have taken place, and that the police ministry was liable for the damage caused to Van der Vyver.