State asks court to sentence Khoza to at least 20 years in jail

05 July 2017 - 14:04 By Naledi Shange
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Handcuffs and a gavel. File photo.
Handcuffs and a gavel. File photo.
Image: Gallo Images/Thinkstock

The casual manner in which convicted murderer‚ Percy Khoza behaved after he brutally murdered his former girlfriend‚ Mary-Lee Macumbe‚ painted a picture of his cunning behaviour‚ the Johannesburg High Court heard on Wednesday.

Listening to the submissions of the State‚ Judge Cassim Moosa briefly touched on how Khoza acted as though all was normal on that October 2015 evening following the murder‚ even heading out for a night of drinking and partying.

Driving the deceased’s vehicle‚ Khoza headed to the home of his then girlfriend in Soweto where he dropped off things for his infant child.

He then proceeded to Liquid Chefs and Stones where he and a friend picked up two waitresses and headed home where all four of them slept in the same room in which Macumbe’s body was hidden.

Unbeknown to the other three‚ Macumbe’s lifeless body‚ had been rolled up in a carpet and wedged between the window and the bed‚ said prosecutor Leisha Surendra.

“He is cunning and intelligent. He appears to be innocent and charming but the manner in which he acted after the murder was committed goes to show that he had knowledge and awareness of his actions‚” said Surendra‚ submitting that Khoza’s youth could not be blamed on the crime.

“A person who is emotionally immature would not conduct himself in the manner that he did‚” she added.

Surendra also highlighted the meticulous manner in which Khoza cleaned up the crime scene.

When police visited the scene‚ their blood-detecting machines failed to pick up any signs of blood in the Troyeville house.

Only a small drop of blood was found in the kitchen‚ sending the police’s case into motion.

The State wants the court to deviate from the prescribed minimum sentence of 15 years for murder‚ calling for the court to at least grant him 20 years.

The State mostly based its argument on the horrendous manner in which Khoza committed the crime‚ highlighting that he had stabbed her 38 times‚ mostly on the neck.

But Cronje Kriel‚ for Khoza‚ submitted that there was a reason why the minimum sentence had been put in place.

“One cannot say that because they were in a relationship‚ the crime is worse than murdering someone on the street‚” he submitted.

He argued that this could have been regarded as a crime of passion.

“A person convicted twice of murder is sentenced to 20 years so why should he be treated to someone who has done it before?” Kriel submitted.

He argued that giving Khoza a harsher sentence would not be in the interest of justice.

“It shows that there was not normal thinking at the time that the crime was committed. He cannot be treated worse than someone who has been convicted of murder before.”

But Surendra gave further submissions‚ saying Khoza had failed to express remorse.

The now 24-year-old had pleaded not guilty to the crime‚ stating that it was his girlfriend‚ Kgomotso Masemola‚ who had delivered the fatal stab wounds to Macumbe in a fit of rage‚ after finding her at his home.

He claimed she threatened him into assisting her to clean up the crime scene.

Masemola had been arrested after being found in possession of Macumbe’s phone.

She however‚ had told police she was given the cellphone by Khoza.

Her cellphone records also disputed Khoza’s version of events.

Khoza‚ who has seemingly made peace that he will spend around 20 years behind bars for Macumbe’s murder and taking her car will be dealt his fate on Friday.

The vehicle was found dumped in Malvern a day after she had been reported missing‚ with her lifeless body stuffed in the trunk.

Macumbe’s family told TimesLIVE that the only missing piece to the puzzle is Khoza’s motive for killing their child.

 

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