Probation officer's report on Vusi 'Khekhe' Mathibela of 'no use to the court', says the state

The state has submitted that the probation officer's pre-sentencing reports compiled after consultations with Wandile Bozwana's murderers — taxi boss Vusi “Khekhe” Mathibela and his three co-accused — will not assist the court as it prepares to hand down sentence. 

The four men have been found guilty of gunning down Bozwana, a North West businessman, on the Garsfontein off-ramp in Tshwane in October 2015. They were also convicted of attempting to murder Bozwana's partner, Mpho Baloyi.

The three other men who have been convicted are Sipho Patrick Hudla, Matamela Robert Mutapa and Bonginkosi Paul Khumalo.

Prosecutor Jennifer Cronje said the report handed in by the probation officer, who may not be named in the media, did not contain any expert opinion nor did it have recommendations on a suitable sentence. 

The report had been commissioned by the defence and had been compiled through interviews with the accused. 

The probation officer conceded during cross examination that direct imprisonment would be suitable but did not explain why.

Defending her report, she explained to the court that she had in the past been reprimanded by magistrates for making an opinion concerning the term of imprisonment.

Cronje said the report also lacked her expert opinion on whether the accused are a danger to society. Disagreeing, the probation officer said she couldn't give a diagnosis.

“I cannot say they are a danger or not a danger via diagnoses. I can say concerning sentencing option that direct imprisonment is suitable,” she said.

Cronje accused her of avoiding questions, saying the state was asking for her opinion not her diagnosis. On Wednesday, Cronje had accused her of doing a poor copy-and-paste job on her reports.

Moving on to the probation officer mentioning that the children of the accused were struggling in the absence of their father, Cronje pointed out that when the accused planned the murder they had children and families.

“At that stage, when they murdered the deceased, it doesn't seem as if the accused were concerned about their families or the support of their children,” Cronje said.

She said it was evident that when the accused committed these crimes they had no consideration for the victim having family, children and a wife.

She said the suffering and struggles that the families of the accused were going through were due to their actions. The probation officer could not dispute this point. 

Cronje said it was evident from the report that none of the accused accept responsibility and they are not remorseful.

She took the probation officer through the facts before court on how the murder was committed, pointing out that the court found that the accused acted with common purpose and the crime was premeditated.

“The reports you created will not help this court,” she said in closing.

Defence lawyer advocate Annelene van den Heever said further evidence was needed for mitigation of sentences but the defence for all the accused had indicated that for now, they do not intend calling the accused to the stand.

The matter has been postponed to November 20-24 for continuation of sentencing proceedings.

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