Man sentenced to 18 years in jail for murder of elderly man who pointed him out to police

A 24-year-old has been sentenced to 18 years in jail for the murder of an elderly man who identified him to police as a possible suspect in a case.

Luvo Nqetho appeared in the Lusikisiki Regional Court in the Eastern Cape on Monday where the judgment in the matter was handed down.

The sentence comes almost two years after Nqetho was accused of killing  61-year-old Sipho Damane, who had pointed him out to police investigators who were looking for him.

Murder

It is believed that in July 2022, police questioned Damane about Nqetho who was a person of interest in a case they were investigating.

National Prosecuting Authority (NPA) spokesperson Luxolo Tyali said Damane pointed out Nqetho to the police.

“He [Nqetho] however, misled the two detectives, told them that he was the brother of the person they were looking for and accompanied them to a homestead he claimed they lived in.

“Nqetho later returned to Damane and his friend, pulled his firearm, and asked them why they pointed him out when the two detectives enquired. He then shot Damane nine times, instantly killing him, and told his friend that the reason he did not shoot him was that he respected him,” Tyali said.

Nqetho fled the scene and was only arrested in the neighbouring town of Flagstaff on a charge of unlawful possession of a firearm, after almost two months of being on the run from the police.

ALSO READ: Pienaar murder-accused Motsoane to stand trial in July

Trial proceedings

Tyali said four days before the start of the trial, the key state witness, Damane’s friend, Khayalethu Dulaze, was gunned down at his home by unknown gunmen.

“Nqetho pleaded not guilty and reserved the basis of his defence. Acting Regional Court Prosecutor Siyabonga Macebo led evidence of two detectives and brought an application in terms of section 3 (1) (c) of the Law Evidence Amendment Act 45 of 1988 to admit the late Khayalethu Dulaze’s statement.

“Despite the defence’s opposition, the court admitted the statement and held that the interest of justice demands the admission of the written hearsay evidence of the deceased. The court concluded that the state had proved its case beyond reasonable doubt, and consequently found the Nqetho guilty,” Tyali said.

During court proceedings, Macebo argued that due to the brutality, cruelty and total disregard of law enforcement demonstrated by Nqetho, the prescribed minimum sentence of 15 years was not enough, and the court agreed and sentenced him to undergo 18 years.

Eastern Cape Director of Public Prosecutions, Barry Madolo, commended the prosecutor, and investigating officers for successfully prosecuting the case under trying circumstances where the key witness was suspiciously murdered most probably to thwart the trial.

ALSO READ: WATCH: Lamola condemns racial tension amid Groblersdal assault trial