The trial of Onke Hartin Mashinini, 29, continued on 12 September, and was filled with tears, lies and contradictions, which resulted in him being found guilty on Friday, 13 September.
He was found guilty on charges of pre-meditated murder and defeating the ends of justice, as well as robbery with aggravating circumstances (unrelated to the Lee Mentoor case).
Read it here:
https://www.citizen.co.za/roodepoort-record/2019/09/13/justiceforlee-update-mashinini-found-guilty-murdering-lee/
On 12 September, the Defence called Mashinini’s mother to the stand. She was the only family member who testified to try to corroborate Mashinini’s account of the events leading up to Lee’s disappearance, but she could not sustain this during cross-examination by the State.
When asked about the events leading up to Lee’s disappearance, she was very inconsistent, first claiming that he slept with them, then saying he didn’t and lastly, saying she thought he slept on the second floor of the house, where Mashinini’s brother slept. She could also not recall if she saw him on the Thursday (the day before his disappearance), although she claimed to have shared a tub of yoghurt with him before leaving him on the couch to fall asleep.
Also Read:
https://www.citizen.co.za/roodepoort-record/2019/09/11/justiceforlee-update-i-am-not-perfect-i-am-not-jesus-christ-mashinini/
She was also very vague about where Mashinini was headed on the day of Lee’s disappearance, first claiming he was looking for a job, then saying he was going to Bryanston to sort out something, and then saying she could not remember exactly when he told her he needed to go, and she could also not recall which day he said he was going.
When asked about the case opened by the police, she got quite flustered. The Defence wanted to know why a missing person’s case was opened and not one of murder, to which she answered, “Maybe because of …”. She then abruptly stopped talking and said, “Oh you know how crazy it gets at the police station.”
When asked about the blood found in the house, she claimed to know nothing about it, just that they were instructed by police to not enter the bathroom while they were there. It was pointed out to her that, even though there were only three drops of blood visible, the police found more than 20 splatters of blood after using chemicals, and when they asked her if she knew who cleaned this blood up, she said, “The house is huge, we do not have a routine when it comes to cleaning the house.” She then suddenly wanted to know why nothing was being done about the fact that Mashinini was assaulted by police officers after being arrested.
Read more:
https://www.citizen.co.za/roodepoort-record/2019/09/12/justiceforlee-update-a-day-filled-with-contradictions/
Her testimony was marked by many contradictions as well as quite a few moments when she burst into tears.
The Defence also brought in a 72-year-old witness, who testified in relation to the armed robbery charge, but she was quickly discredited by the State’s cross-examination.
Friday, 13 September, was set aside for closing arguments to be heard, and the presiding officer in the case wasted no time after the conclusion of the closing arguments, announcing that he would be handing down his judgment immediately. He said, “It is clear to me that ‘Vanessa’ was just a figment of the accused’s imagination, to suit the story he told the police. The week leading up to the child’s disappearance clearly indicated that he had suffered tremendous injuries; bee stings, immediately thereafter falling down and rolling into a pile of rocks and then being frightened by the dog barking and cutting himself after dropping a glass, resulting in blood loss. The evidence brought to this court was indicative of a more gruesome, untold story.”
While handing down judgment, the judge said, “It is clear to me that all of the Defence’s witnesses, consisting of the accused’s father, mother, and sister, were trying to cover something up with rehearsed statements. The accused’s story was too coincidental, and all of the witnesses tried too hard to concur with it, but cracked under cross-examination. They believed that if there was no body there would be no case, but all of the circumstantial evidence points to the fact that the accused planned to get rid of Lee.”
https://www.facebook.com/estelle.delport/videos/10211707094312613/
Estelle Delport, the family representative, said that upon hearing the verdict, they all burst into relieved tears, although they are disappointed that they still do not know where Lee is.
“We were happy that justice prevailed, but we still do not know where Lee is and are still left without closure.”
She added that Mashinini showed no reaction to the verdict. “He also did not show any sign of remorse throughout the trial.”
Mashinini will remain in custody until 25 September, when he will be sentenced, and Delport said, “We are hoping that he will receive at least two life sentences without the possibility of parole. Lee was only three years old – what did he do to deserve this? And, even though we know it might not happen, we are hoping that Mashinini will decide, before being sentenced, to tell us where to find our baby.”
She added that they will not stop searching for Lee until he is found, and they can have closure. “We are still deciding on a memorial or celebration of Lee’s life, but we will only do this once Kaylah (Lee’s mother) is ready.”
She concluded by saying, “I will not stop fighting for other children and will ensure that I do whatever I can to get justice for those who don’t have a voice. I will be the change; I will be the voice of the voiceless.”
