Justice delayed: Nadia Lotz's family suffers as trial faces 23rd postponement

The murder trial of Nadia Lotz was postponed for the 23rd time on Monday after the defence again indicated it was not ready to continue, prompting renewed criticism from Action Society. 

The organisation said the repeated delays were inflicting severe emotional harm on the victim’s family and undermining confidence in the criminal justice system.

The postponement comes more than two years after Lotz was killed in March 2023 and at an advanced stage of the proceedings, with the State having closed its case and the accused, Charles Appolis, already having taken the stand at the Strand Regional Court.

“This case has become a devastating example of how procedural delays erode justice,” said Kaylynn Palm, Head of the Action Society Action Centre in the Western Cape. “Twenty-three postponements are not a coincidence; they are a failure. Nadia’s family is being forced to relive the most violent moment of their lives over and over, while the accused benefits from delay after delay. Justice delayed is justice denied.”

Lotz was murdered while travelling in a vehicle with her best friend, who was driving, and her boyfriend, Appolis, who was seated behind her. According to the State’s case, Lotz was attacked inside the vehicle and attempted to escape by exiting the moving car, collapsing on the roadway where she later died despite assistance from a stranger who stopped to help.

The trial, which began in July last year, has heard evidence from several witnesses, including Lotz’s best friend, who testified that she attempted to fend off the attack while maintaining control of the vehicle. The defence put it to her that she was responsible for the murder, alleging she acted out of romantic interest in the accused, which she denied.

An independent eyewitness, who was travelling behind the vehicle with her children, testified that she saw Lotz fall from the moving car and stopped to assist. A former South African Police Service warrant officer also testified, confirming bloodstains in both the front and rear of the vehicle, injuries observed on the accused, and the submission of crime scene photographs and the post-mortem report as part of the State’s evidence.

At the close of the State’s case, the defence brought a Section 174 application, arguing that the evidence was insufficient to sustain a conviction. The court dismissed the application.

During his testimony last week, the Appolis presented a version that differed from evidence previously led, stating that he was driving the vehicle at the time and alleging that Lotz’s best friend was responsible for the attack. Under cross-examination, aspects of his account were challenged by the State, including its consistency with eyewitness testimony and forensic findings relating to blood patterns and positioning in the vehicle. He was also questioned about prior domestic violence incidents that were put to him during proceedings.

Despite the advanced stage of the trial, the defence informed the court on Monday that it was not ready to continue, resulting in yet another postponement.

 The case is expected to resume on January 30.

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