Sadly, Mrs Annmarie du Toit, who was waiting to testify in aggravation of sentencing, could not be in court to hear Judge Motsamai Abraham Makume, utter a verdict of guilty on two counts, housebreaking with aggravated circumstances and murder.
In a strange twist of events on Monday, dulling what was to be one of Middelburg’s most anticipated murder trials, Makwassie Thabang Mohlala (25) alone, confessed to the robbery and murder of the 68-yeal old “Oom Jan”, as he was known.
The court briefly heard of two other men’s involvement with the break-in alongside Mohlala, but they were never apprehended and charged.
One man, referred to by Mohlala in court as Lekgala, entered the house with him and helped overpower Mr Du Toit who, at one stage had them both pinned to the ground, revolver in hand.
When Mohlala told Mr Du Toit that a third man was waiting outside, he went to the window to investigate, after which he was overpowered.
Lekgala took the revolver and fled, while Mohlala, according to judge Makume, stayed behind to fight.
Judge Makume labeled Mohlala “a cold blooded killer” who were presented with numerous opportunities to reform, but failed the courts.
The court heard that Mohlala had six previous convictions, two for house breaking, illegal ownership of a firearm, theft, escape, and a previous conviction for murder prior to Mr Du Toit’s fatal stabbing.
He was sentenced to 15-years for the 2007 murder and to four-years for a theft that occurred in Benoni, with him being jailed leading to his arrest for the murder of Mr Du Toit.
In his statement, read out to court by his defense attorney, Ms Leona Fraser, Mohlala said they went to the house in Louis Botha Street where he and Lekgala climbed through the kitchen window.
They took a cell phone and watch from a pedestal but was confronted by an armed Mr Du Toit on their way out.
He ordered them to lay on the ground and was told, that another burglar was standing guard outside.
Mr Du Toit peered through the window, where he was suddenly overpowered by the two robbers.
Lekgala disarmed Mr Du Toit and fled, while Mohlala scuffled with Mr Du Toit.
Coming to his rescue, Mrs Du Toit stabbed Mohlala in the back with a knife, which he removed himself as the scuffle continued.
Mr Du Toit at one point also took hold of the knife he was being attacked with and stabbed Mohlala in the arm.
He however fought back ferociously, took ownership of the knife, and repeatedly stabbed Mr Du Toit, before turning his attention on Mrs Du Toit whose ear was almost severed from her head in the attack.
Mohlala then fled with a watch and phone belonging to the deceased.
During arguments in mitigation of sentence, Ms Fraser had no qualms in admitting that Mohlala’s previous convictions bore testimony to his character, which she described as having no respect for other people’s possessions or lives.
She conceded that he started committing crime at a very young age and the fact that his crimes escalated in seriousness, “doesn’t speak well of the accused who, is the author of his own misfortunes”.
Her words were to be echoed by justice Makume, when he sentenced Mohlala to life behind bars for the murder of Mr Jan du Toit, and 15-years for breaking into his home.
Thabang Mohlala (26) has spent surprisingly little time in jail, despite being convicted of six crimes, before the 18 September 2012 slaying of Mr Jan du Toit in his Dennesig home. His conviction of murder and housebreaking in the high court this week, brings his total number of convictions to eight. He has committed the following crimes for which he will serve only 25-years in jail:
• 7 April 2006 – convicted on two counts of housebreaking, for which he was never sentenced.
• 27 January 2011 – convicted for attempting to escape from custody on illegal weapons charges, a count on which he was cautioned and discharged. He received a 12 month sentence for the possession of the weapon, but it was wholly suspended for five years.
• 20 February 2013 – he finally got what was coming to him with a 15-year sentence for a murder committed in 2007 and declared unfit to own a firearm.
• While awaiting sentence for the murder, he committed a theft for which he was sentenced to four years in prison on 15 April 2013.
• On Tuesday, he was sentenced to life in prison for the murder of Mr Jan du Toit during a housebreaking for which he was sentenced to 15-years.
• The life sentence, for which he will be eligible for parole after serving 25-years, will run concurrent with the other sentences, meaning that he’ll be possibly out of prison at the age of 51-years.
