A murder case was finally solved and the accused will see the inside of a cell for a very long time.
On Friday, August 26, Court A was filled as sentencing procedures started in Witbank Magistrates Court.
Ms Marlene Greyvenstein sentenced two of the accused, Innocent Themba Mayilane (18) and Nkosinathi Kuba Mashiloane (27) to life imprisonment, simultaneously with 15 years for robbery with aggravated circumstances. Amos Benzi Mtsweni (26) was sentenced to 15 years for robbery with aggravated circumstances.
The murder took place in September, 2014. Mr Philani Myeni (30), was found dead inside a truck with a gunshot wound to his left shoulder. The abandoned truck was discovered next to the old Ogies road on Friday, September 5, 2014 by police.
A hidden camera inside the truck revealed the story and faces involved in the hijacking and murder of Myeni.
Four men were inside the truck with Myeni and after he was pulled around a few times, he was killed. Evidence in court showed that all this commotion was only for a cell phone.
Three suspects appeared before court on Monday, September 22 of that year.
Mr Francois Brandt, state prosecutor, stated that in his 20 years on the job he has never seen such a cold, callous, calculated death. He also added that it was a horrific death for only a cell phone.
“You can see Myeni slumping forward, dying a horrific death. They are cowards, sadistic, murdering, robbing murderers,” he stated angrily.
He also believed that the murder was premeditated.
“They were looking for a victim and Myeni only wanted to give them a lift when they robbed and killed him. I can not think of a crime worse than this, except the raping of a child,” he added.
He mentioned that the accused had no reason to kill Myeni and being young is not a factor here. He added that Mayilane and Mashiloane also had no reason to kill Myeni. Mayilane claims that he was influenced by the elder accused, but he pulled the trigger, which does not prove his innocence.
“Our beautiful country needs protection from them and they showed no mercy to the innocent driver of that truck,” he also said.
Brandt was of the opinion that the accused are inherently bad and that the life of Myeni could have been spared during the robbery.
Greyvenstein said that many factors have to be considered before passing a sentence and that the offenders have to be rehabilitated, but mostly, keeping the society safe from these offenders. The age was up for discussion, as Mayilane was only 18 years of age. She then said that age must be considered, but by being 18 years old, you are considered an adult, according to the legislature, who is the voice of South Africa. He also clearly added that someone who is on trial for murder must go to jail for life. Full stop.
“I’m not fortunate that I saw the photo’s and it traumatised me to an extreme extent. Not in my career, which is much longer than Mr Brandt’s have I seen photo’s of a victim until he died,” Greyvenstein added.
She mentioned that although they argued the innocence of Mayilane, and the fact that he was influenced, evidence showed that he was the one who pulled the trigger and searched the victim. She said that he had no problem in controlling the firearm and I can not take his age into account where youthfulness played a role. Remorse is also a relative concept, and it has different degrees. They showed no remorse and did not assist me to what goes on in their hearts and minds, throughout the trial. Mayilane even went as far as denying that he was involved in the crime and no one gives anyone the right to lie and to give false statements. Greyvenstein said that he tested the states case and the legal representative had to put a false statement before court.
Mtsweni also gave false information about his participation in the robbery.
Evidence showed that all three suspects have children, but they are not the primary caregivers, and in the case of Mtsweni, the child that lives with him is currently with maternal family in Ga-Rankuwa.
“I deem crime very serious. Court must bear in mind that the legislature deemed it fit that Mayilane and Mashiloane goes to jail for life and Mtweni for 15 years,” she said before passing the sentenced.
It is alleged that awaiting trial prisoners have it much harder than sentenced prisoners and it is suggested that time already spent in prison should be deducted form the sentence. On Friday, Mayilane and Mashiloane had already spent 23 months in prison while Mtweni was on 20 months.
“I should put all the factors in a basket, shake it around a bit and make my decision about how long you should be sentenced,” Greyvenstein said.
She expressed mercy when she said that the life imprisonment can run concurrently with the 15 years for Mayilane and Mashiloane. All three were declared unfit to possess a firearm and with no expression from the three accused, whatsoever, they were escorted back into the holding cells.
“Please just take them away in front of my eyes,” were the closing words from Greyvenstein.
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