Sentenced murderer Jason Rohde does not intend to testify to testify for a lower sentence after being found guilty of murdering Susan's wife and suicide on Wednesday found the Western Cape Supreme Court.
However, their three daughters could.
The oldest, Kathryn, is a second year student, and the twins end up writing their matriculation exams weekly.
READ: Jason Rohde was found guilty of killing his wife
Defense Advocate Graham van der Spuy told Judge Gayaat Salie-Hlophe during the sentencing procedures on Wednesday morning that he needed more time to consult with them.
Salie-Hlophe found Rohde guilty of murdering his wife at the Spier Hotel in July 2016 and obstructing justice by trying to make her death seem self-provoked.
The property mogul "puts death as a playwright" and looked for "actors" and "extra" to tell a story that she committed suicide, she said during her trial earlier this month.
On Wednesday, the court received a written statement from Rohde and one of its legal representatives, Tony Mostert, as part of a postponement request.
Lawyer to consult with daughters, Rohde
Van der Spuy claimed that various issues and problems arose, leaving time inappropriate to consult with key witnesses.
"There was a strong need to consult with the accused's daughters for obvious reasons," he said.
Van der Spuy said he would still make a final judgment if it is not in the interest of the daughters to be called as witnesses.
"I do not want to do anything to harm them in any way or to endanger any emotional or similar suffering. I will have to consult my witnesses to get advice in this regard."
Van der Spuy said he was going to talk to Rohde.
"So far, his approach has been largely not to attract his daughters in this case."
Rohde asserted in his statement that his daughters wanted to testify about the mitigation of the sentence.
He said his legal team demanded that Kathryn's evidence be given in closed doors, which means that the public and the press will no longer be in court.
Rohde is not part of the plan
"The State does not support the request and this issue will have to be dealt with before the conviction."
In his statement, Mostert explained how his defense fought to meet with the clinical psychologist of the daughters.
With the consent of the state, they have unsuccessfully tried to obtain copies of patients' files.
"The evidence of the Rohde children and the information obtained from them is critical to the extent that the accused is their primary caretaker and is and continues to rely on him to maintain Plettenberg's property as a home and provide them with education, maintenance, maintenance and others" , said Mostert.
Salie-Hlophe asked if Rohde would have testified.
Van der Spuy replied: "I do not intend to call Mr. Rohde, the accused, and I refer to his personal information about him who was led when he testified about merit on oath [during his trial]. "
He complained that the conditions at Pollsmoor Prison were not ideal to consult with Rohde.
The court granted a postponement until December 5.
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