Entries Tagged as ''

Inge Lotz Murder: The shoeprint expert

Paul Ryder, a chemist and footprint expert with Forensic Science Service, a state agency in the United Kingdom today shot down a local police officer’s opinion that a bloody mark left at the crime scene matched the sole of a show owned by Fred van der Vyver.

He said that the bloody mark was not consistent with a shoeprint in general or with Fred’s shoe in particular.

Ryder said: “In my opinion, the mark was not made by a shoe. It is more likely to have been made by a blood-stained implement carried into the bathroom and placed on the floor.”

The defence team had asked Ryder to compare the marks with photographs of the sports shoe print and from this he wrote two reports. However, he only saw the shoe in person on Sunday.

The defence disputes a claim by former state footprint expert, Bruce Bartholomew, that the shape of the mark and four dots corresponded with the shape of the sole and four grains of sand lodged in a groove.

Ryder said that he had studied the photo’s, statements by Barthomew and that of Peta Davitz of the police biology unit and other statements by Dr Rachel Adendorff (the district surgeon who performed the autopsy and told the police to look for a hammer). It is interesting to note at this point that Peta Davitz found no evidence of blood on the shoe.

In addition, Ryder corresponded with US footprint expert William Bodziak who also disputed the states evidence. When asked, Ryder stated that he had not been influenced by Bodziak’s opinions and he also denied that he was being influenced to come to certain conclusions by the defence.

Explaining why the mark was not made by a shoe, he said when a sole stained with blood was stepped on the blood would be forced to the edges of the pattern and into the sole’s grooves.

If a person walked with a bloody shoe, each impression would be fainter than the previous one. The stain would also show the pattern of the sole of the shoe/ This mark did not have any of these characteristics.

Further he said that the four grains of sand in the shoe were lodged too deeply in the shoe to make contact with the floor. So they could not have created the four dots which emerged after the chemical dye treatment.

The time the shoe was confiscated and the absence of blood on it also cast a shadow on the sand grain theory.

Prosecutor Carine Teunissen asked him if it was possible that the killer had taken off his shoe when he washed and put it down without noticing blood had spilled onto the sole. Ryder said he did not “quite follow” her scenario, but he thought the mark was most likely created by a bloodstained instrument that was dropped and fell on its side.

When asked for details regarding his observations, he said that he had not performed any experiments but had drawn his conclusions from the photo’s.

Judge Deon van Zyl commented that the shape of the mark did seem to match that of the shoe and asked Ryder to compare the shoe to a transparency of the mark and to testify about his findings later.

Comments:

I am not really sure what to feel about this.

Two eminent footprint experts have disputed the police theory but I can’t help to think that it could be flawed. If they only had access to photo’s of the shoe, this raises doubts regarding to the accuracy of their testimony.

How can they be sure of their findings when all they had to go on were the photo’s? I am sure this is why Judge van Zyl asked Ryder to examine things further.

My gut feeling from just reading the press reports is that this evidence is a little shaky for the defence. It is not entirely convincing. However there is still more testimony to come, so we shall see if things become more solid.

Muti This

Inge Lotz Murder: Update on rejection of discharge

Judge Deon van Zyl said in court that Fred could have been tipped over the edge after a fight with Inge.

dvz.jpgHe made the remark when rejecting Fred van der Vyver’s application for discharge. He said this in reply to advocate Dup de Bruyn’s assertion that the state had not established a motive for the crime.

Further, he said that although many people described their relationship as “perfect”, Wimpie Boshoff, one of Inge’s friends also testified that on the day in question, fred and Inge had had a big fight. This was confided to him by Inge.

Judge van Zyl also mentioned that this had been confirmed by the letter Inge wrote on the morning of her murder, in which she repeatedly asked for forgiveness and promised to be faithful.

“This indicates more than just a passing misunderstanding,” Judge van Zyl said.

“It could have even been the culmination of growing tension between them.

The disagreement could have been the proverbial straw that broke the camel’s back. The accused could in fact have become so angry that he could have harboured thoughts of vengeance against the deceased.”

Another point he brought up was the fingerprint on the DVD evidence. He said that while the evidence presented by the state was not always the best, he could not find that fraud had taken place as suggested by the defence.

There was prima facie evidence before the court on the fingerprint which had to be answered.

The same applied to evidence relating to the bloody shoeprint and the ornamental hammer.

“I am satisfied that the State has offered enough evidence to establish a prima facie case, following which the accused could reasonably be found guilty and therefore should be placed on his defence,” Van Zyl said.

The court reconvenes on August 13.

De Bruyn said he intended calling American and Dutch fingerprint experts.

Muti This

Inge Lotz Murder: Justice van Zyl turns down discharge application

Justice Deon van Zyl turned down Fred van der Vyver’s application for discharge.

This is seen as a big blow for the defence, as the judge has decided that the state’s case has some merit. The defence team will now have to argue their side of the case.

At this time I do not know when the trial will resume. I will update you when I get further information.

Comments:

It is clear that the judge sees some merit in the state’s case against Fred van der Vyver. To many people this would appear that the judge is siding with the state, however, it could just mean that he has enough doubt that he wants to hear more of what the defence has to say.

As I have said in my previous posts, I have not seen any firm evidence that Fred committed the murder. But then again, I have not seen enough evidence that he did not commit the murder.

As I mentioned in the article about the timeline, there is a window of opportunity, however slight, where the murder could have taken place. This does put an element of doubt in my mind.

I am pretty sure that Justice van Zyl feels the same way. To be honest, at this stage neither side have proven anything for certain. This is probably why he has decided to hear what the defence has to say.

I for one, am very eager to hear the defence case. Do they have any surprises in store? How will they now proceed?

Muti This