Court dismisses Bizos application for leave to appeal conviction and sentence
In another victory for AfriForum’s Private prosecution Unit, the Johannesburg Magistrates Court has dismissed Alexi Bizos’ application for leave to appeal his conviction of assault with intention to cause grievous body harm, and awarded costs to the unit. The unit privately prosecuted the case on behalf of Bizos’ ex-wife, Monique van Oosterhout. In February, the court sentenced the son of the late struggle stalwart George Bizos to a R100 000 fine or one year imprisonment; six months correctional supervision, which includes 20 hours a month of community service at shelters for abused women.
Bizos was convicted last year, more than nine years after punching his ex-wife Monique van Oosterhout at their Johannesburg home. The unit took on the case in 2018, and started the trial in January 2020.
When handing down sentence in February, Magistrate Tshepo Twala said Bizos had shown no remorse for his crime, and failed to acknowledge the wrongfulness of his actions. The magistrate said the accused showed no insight into the crime he had committed nor appreciation of the impact it had on Van Oosterhout.
On Friday, 16 May, Adv. Gerrie Nel, head of the unit, argued that because the court rejected Bizos’ evidence as that of a “bad witness” who did not “leave a good impression” and whose evidence was found to be a “fabrication”, no other court would find his version reasonably possibly true. “We repeat our argument that the mendacity of the accused is without equal. His demeanour was one of contempt for the truth and indicative of someone who expects that his word must be accepted, because of his standing in society. He is just more equal than others,” said Nel, adding that Bizos’ claim that the magistrate had “speculated” when reaching his finding was contemptuous.
On Friday, Magistrate Twala also gave judgment on the unit’s application to be awarded costs, and ordered that the accused and the National Prosecuting Authority should jointly be responsible to pay the costs of the private prosecution.
Barry Bateman, spokesperson for the unit, says the judgment confirms that no other court will believe Bizos’ version of events. “To claim self-defence, an accused must convince the court that his version is reasonably, possibly true. In this case, the court found that Bizos was not only a poor witness, but also fabricated details about what happened on the night he beat his then-wife. This decision reaffirms AfriForum’s Private Prosecution Unit’s commitment to combating gender-related violence.
“It also confirms private prosecution as a means of combating selective prosecution, where people are spared accountability due to their status. We hope that in paying costs, the NPA will realise that their ongoing attempts to shield people from prosecution will not go unpunished,” said Bateman.