Judge Ferdi Preller today dismissed an application for leave to appeal by Zimbabweans Paida Fish, Chris Moyo and Samuel Mabena against their convictions on charges of murdering Sanders, robbery with aggravating circumstances and the illegal possession of unlicensed firearms and ammunition.
He also dismissed an application by Moyo and Mabena for leave to appeal against their sentences.
“I do not think the circumstances in this case warrant a further hearing,” he said.
The Judge on Wednesday sentenced the three to a total of 43 years’ imprisonment, but ruled that parts of their sentences must run concurrently, so that they will effectively serve 30 years imprisonment each.
Sanders (46) was shot in the stomach in front of his family and friends while attending his nephew’s 21st birthday party.
The celebration turned into a nightmare when a gang of armed robbers stormed into the Thatch Haven Country Lodge outside Brits, started shooting and ordered guests to lie down and hand over their handbags, cellphones and cash.
Sanders died of his injuries in hospital the next day.
The three accused were arrested five days later in the Oukasie informal settlement near Brits after a tip-off. All three were found in possession of some of the items robbed that night. Fish and Moyo were identified at police identity parades by two of the guests and their sim cards had also been used in three of the guests’ cellphones.
Judge Preller dismissed the three’s claims that they had alibis for the night of the robbery.
He found that the robbery had been carefully planned and carried out with military precision, but accepted in the accused’s favour that Sanders had been shot by accident and that his death had been incidental to the robbery.