Justice for families of slain Edenvale residents

The families of murdered Edenvale residents, Mr Philip Jackson and Mr Dillyn Elsley, cried as Germiston Regional Court Magistrate Hasani Mashimbye found their killers guilty on Friday.

Earnest Mashu and Thabo Mokgotho were each handed two life sentences for the murders of Mr Jackson and Mr Elsley on February 23, 2011, at the Jackson’s Sixth Avenue house.

The pair were also each given a 20 year sentence on a charge of robbery with aggravated circumstances and declared unfit to possess a firearm.

The sentences will not run concurrently.

After three years and having heard all sides to the events which took place on the night, Magistrate Mashimbye ruled that the murders of Mr Jackson and Mr Elsley were premeditated.

“The accused made their victims line up before shooting them. They then showed the deceased and state witnesses bullets and allocated some to each of them. The accused told the deceased and the witnesses they are going to kill them. This indicated the murders were planned,” said Magistrate Mashimbye.

While Magistrate Mashimbye handed down his judgement on the matter, both Mashu and Makgothu stared straight forward and glanced down only when found guilty.

“The two accused created an unfavourable impression on the court and therefore the court rejects in total the version of events of the accused,” he said while handing down judgement.

“The state has proved its case beyond a reasonable doubt,” said Magistrate Mashimbye.

During arguments in mitigation of sentencing, defence attorney Mr Dani Du Plooy, said the court should impose minimum sentences on the accused.

State prosecutor, Ms Ntulikazi Mbobo, argued that the court found the accused guilty of committing premeditated crimes.

“Philip was 52 at the time of his death. He left behind an unemployed wife and a daughter who, at that time, was still in school. Dillyn was 21 when he was killed, he was a man who was about to get married and a breadwinner for his family,” said Ms Mbobo.

She argued that the accused were not first time offenders.

“They lived on committing crime but not just crime, violent crime. They have not shown remorse for their actions in that they pleaded not guilty. These men are a danger to society. The state submits that the accused be sentenced to direct imprisonment for a very long time,” said Ms Mbobo.

In handing down sentencing, Magistrate Mashimbye said the court acknowledged the accused were not first time offenders.

“Robbery is a serious offence and murder does not require elaboration. The court found the murders to be premeditated, which makes it more serious than any other killing,” he said.

“The Jackson family lost a father and husband, and the Elsley family lost a son and breadwinner. The sentence in this matter must receive attention,” said Magistrate Mashimbye.

He added that the accused had asked for a measure of mercy to be taken during sentencing.

“There seems to be a miss direction and we need to take from the other side in that there was no remorse shown by the accused,” he said before handing down sentencing.

Investigating officer, former Edenvale SAPS detective and current head of detectives for the Sebenza SAPS, Captain John Jones, said he was happy with the sentences handed down.

“The testimonies of Mrs Janet Jackson and Ms Stacey Jackson played an important part in the judgement for today,” said Capt Jones.

Mrs Jackson was tearful and at a loss for words after the court adjourned, but said she was delighted at the harsh sentences handed down.

After the proceedings, Mashu was escorted back to the holding cells while Makgothu could be seen laughing and joking with prison wardens.