Judge Willem Louw and assessor M Powell pronounced Van der Westhuizen "guilty as charged" in the Cape High Court.

Van der Westhuizen, former commander of the Claremont police station charge office, shot dead his three children at their home almost three years ago.

Louw said the shootings, the one after the other, were purposeful and goal-directed, and happened while Van der Westhuizen had clarity of mind.

However, the murders were not premeditated.

He also upheld the defence raised by attorney Milton de la Harpe, that Van der Westhuizen had suffered the diminished capacity to distinguish between right and wrong, and to act accordingly, at the time of the incident.

Louw said the fact that Van der Westhuizen had suffered diminished capacity to distinguish right from wrong had no bearing on whether he was guilty or innocent, but would influence the sentence to be imposed on 3 August.

While Van der Westhuizen, with his head down, made copious notes of the judgment, his estranged wife, Charlotte, wept softly in the courtroom as the judge approached the end of the judgment.

Van der Westhuizen's R5000 bail was extended, despite objections from prosecutor Mornay Julius, who said Van der Westhuizen should be kept in custody as his situation was now more serious than when he was given bail before his trial started.

Julius said Van der Westhuizen was also suicidal, and there was a risk he would commit suicide prior to sentencing.

The judge said the severe stress Van der Westhuizen had suffered in his work and at home had caused his diminished ability to distinguish between right and wrong, and to act accordingly.

In his job, Van der Westhuizen had been overloaded with work, which included having to stand in for the then station commissioner, who was seldom at his post.

At home, he had demanded respect as the head of the household, which had caused serious conflict between him and his wife, the judge said.

Van der Westhuizen shot dead his eight-year-old son Marius, his daughter Antoinette, 21 months, and a handicapped daughter Bianca (16) on 28 July, 2006.

Sapa

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