Accused sentenced to life plus 85 years for rape and murder
The court heard a shoot-out ensued when neighbours attempted to rescue one of the victims.
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A 32-year-old man, David Phala, was sentenced to life imprisonment and an additional 85 years in jail for a string of charges, including murder, attempted murder, rape as well as robbery with aggravating circumstances.
According to evidence presented in the Themba Magistrate’s Court, on December 18, 2008, Phala forcefully gained entry into a certain house at Marapyane in Mmamethlake where he found a mother and her two daughters sleeping.
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He threatened them with a firearm, raped and robbed them of their cellphones, as well as an undisclosed amount of cash.
One of the victims managed to phone the father who was at work, and he in turn called the neighbours for assistance.
Neighbours responded to the scene and found Phala raping the younger daughter. The court heard that when they attempted to rescue her, a shootout ensued. One of the men was fatally wounded and the accused was injured in the process.
Phala was arrested on December 19, 2008 while seeking medical attention at Matimpule Clinic.
The court also heard that he was released on bail on his first appearance in court.
He, however, failed to appear in court on the agreed date; this subsequently led to the issuing of a warrant of his arrest.
He was only re-arrested on August 22, 2017. When passing down the judgement, Magistrate Gilbert Sono said the country cannot be free unless women are free.
He further said that the community is terrorised and traumatised by the same people who are supposed to protect them, hence the need to ensure that courts put a stop to such acts of violent crimes against women and children.