VIDEOS: #JusticeForLee Update: Emotions run high as sentencing is postponed

What should have been a day of joy and relief for the family and friends of the three-year-old Liyaqat ‘Lee’ Mentoor on 25 September, quickly changed into one of frustration and despair.

Onke Hartin Mashinini, 29, appeared again in the South Gauteng High Court to be sentenced after being found guilty of premeditated murder, defeating the ends of justice and robbery with aggravating circumstances on 13 September.

Also read:

https://www.citizen.co.za/roodepoort-record/2019/09/11/justiceforlee-update-i-am-not-perfect-i-am-not-jesus-christ-mashinini/

The courtroom was packed with friends, family and other supporters, all wearing black and white t-shirts with #enoughisenough and #whosechildisnext printed on them, as they patiently waited for the court proceedings to begin. The room was filled with a light, expectant air, and, as the judge entered the court, all eyes were trained on him.

Watch as the court proceedings start off in prayer:

The proceedings started with the Defence calling the accused and his father, Paulos Mashinini, to the stand once again to testify. The accused, who was first on the stand, was asked how he felt about being found guilty, and he arrogantly answered that he believed the evidence presented to the court was not enough for a conviction and added, “I only find myself guilty of child neglect. I am just tired of proving myself to the court”. He also said that Liyaqat was not dead – he did not murder him.

Also read:

https://www.citizen.co.za/roodepoort-record/2019/09/16/guilty-of-murderjusticeforlee-update-tears-lies-and-contradictions-during-trial-web/

The Defence also questioned the accused about his schooling, tertiary education and financial details. Mashinini was also asked if he had any reasons to give the court to deviate from the prescribed minimum sentence, to which an emotional Mashinini answered, “There is nothing I can say to persuade the court, I did my best”.

The State Prosecutor then cross-examined the accused, starting with his childhood, establishing that even though Mashinini was the oldest child and clearly the favourite, he did not have a remarkable or special childhood, but rather a quite normal one.

But, as the questioning continued, it became clear that Mashinini grew uncomfortable and when the State also pointed out that the accused only apologised for neglecting Liyaqat, but never said he was guilty or sorry about the murder or the robbery, Mashinini answered in a clipped, almost aggressive tone, stating that there was no murder, he did not defeat the ends of justice and the robbery never took place, sticking to his original story, despite being reminded by the State that his version of what transpired that day, had been rejected by the court.

Also read:

https://www.citizen.co.za/roodepoort-record/2019/09/13/justiceforlee-update-mashinini-found-guilty-murdering-lee/

When questioned by the Defence, Mashinini’s father stated that he had raised his son well and could not believe that he would have done such a thing. He was also confused as to why the accused was found guilty, after having witnesses testify regarding the charges. He was also uncertain as to how he felt about the position his son was in, and had to ask the Defence to refresh his memory about the charges Mashinini was found guilty on.

During the State’s cross-examination, the accused’s father became flustered, and, when asked to explain the blood found in the house, he claimed that he did not believe that the blood was Lee’s and that was why he demanded it be re-tested. He also claimed that blood found in the bathroom was his, but, when the State pointed out that blood was found in various locations in the house, the father claimed to have no knowledge of this.

When asked if he knew the family was in court because they were looking for answers and closure, he answered, “Their pain is my pain, I would also like to know what happened, but I was not there that day, and do not have answers”.

The State then proceeded to call Kaylah Mentoor (Lee’s mother) and Estralcia Botha (Lee’s grandmother) to the stand. After confirming their relationship to Lee, he presented two letters from them, which were then read to the court, resulting in emotions running high.

Watch as Onke Hartin Mashinini steps into court:

Mentoor’s letter sketched a picture of a different Mashinini, as she wrote, ”The Onke I came to know during the past year and a half is a very different person to the loving, caring man I know you to be. When we were not with you, Liyaqat could not stop talking about you and he loved you like a father. Even though we had financial difficulties, I was prepared to stay with you and work things out. I had high hopes for our future together and was excited to start a family together. But, what I cannot understand is, if you did not want Liyaqat to be part of this, why not tell me? I would have left. Why decide to take my baby boy away from me in such a manner? What have I ever done to you to deserve this? Was my love not enough? Since my son’s disappearance, I have not had a decent night’s sleep, and have thought about suicide countless times. All I am asking of you is to tell me what you have done to my baby. I need closure, my family needs closure; I need to be able to bury my child and have a proper funeral for him”.

Also read:

https://www.citizen.co.za/roodepoort-record/2019/03/22/defence-wants-to-do-own-dna-testsjusticeforlee-update-questions-about-dna-result-in-another-postponement-web/

Botha’s letter was much the same, as she also pleaded with Mashinini to give them the closure they craved and needed, but she added, “I have never had the opportunity to tell you exactly how I feel. You took my grandson from me, and I don’t think you realise how many people you have hurt. Liyaqat was born at a very difficult time, but he was loved by many. I was a single mother and had to raise my children in difficult circumstances. You came along and took my baby away; Kaylah will never be the same and my heart breaks to see her cry for her child. My sons are now scared of being kidnapped or murdered. Today I stand here, knowing I have lost one of my children, not because of something I did, but because you decided to play God and take Liyaqat away. The least you can do is tell us where he is and what you did, so we can have closure”.

The Defence then cross-examined Mentoor, and asked her if she still loved the accused, to which she answered, “Now? No”.

This is where Mashinini decided to consult with his attorney, who came back with a request that shocked everyone present. “The accused wants to talk to the witness alone, as he wants to share something with her that is on his heart and on his mind,” Advocate Twala relayed to the court.

After much discussion, and Mentoor saying she was not emotionally ready for this, it was decided that the case would be postponed, and the judge said, “I need to give him an opportunity to talk, as there might be some information forthcoming that could aid in sentencing. The case will be postponed, to allow a probation officer to consult with both the accused and the witness, to enable them to prepare a report, after which I will then be able to hand down an appropriate sentence”.

Mashinini will remain in custody until his next appearance, on 25 October.