‘Reflect on your wickedness,’ judge tells murderers

18 October 2023 - 14:35 By TANIA BROUGHTON
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A Pietermaritzburg high court judge was critical of three men accused of hijacking, murder and attempted murder. Stock image.
A Pietermaritzburg high court judge was critical of three men accused of hijacking, murder and attempted murder. Stock image.
Image: 123RF/ ALLAN SWART

A Pietermaritzburg high court judge, sentencing three men to life imprisonment for kidnapping, robbery, murder and attempted murder, cautioned them to “acknowledge and reflect on their capacity for wickedness” while behind bars.

Referring to the fact that Lindani Hlongwa, Fanele Dlomo and Mulungisi Innocent Baxter, had forced their victims into the boot of a car, before shooting one dead, and shooting and stabbing the other, judge Rob Mossop said: “If you have a conscience, it will be plagued by that knowledge for the rest of your days.

“While I intend imprisoning your bodies, your minds will be imprisoned with the knowledge of your own capacity for wickedness,” he said.

The case concerned an incident in July 2022 when Osama Mohamed Zaky Elbitawu and Shaker Samieer were hijacked at a plantation near Greytown.

Samieer, in a statement to the police, said they were stopped by three men, who asked for a lift. While they were talking to them, one produced a gun. Both men were forced to get into the boot of their car.

A short distance later, the car stopped. Elbitawu was ordered to get out and was shot in the forehead. He died instantly.

Samieer was also ordered to get out. While lying on the ground he was stabbed in the back and shot in his stomach.

Believing he was going to die, he put up a last-minute fight and grappled with the shooter. He managed to get his finger on the trigger and shot one of the robbers who was standing nearby.

He managed to escape, found his way to the main road where he was picked up by a motorist and taken to the local police station.

Samieer could not be located to give evidence at the trial which, judge Mossop said, was understandable given his ordeal.

Passing sentence on Wednesday, the judge said a boot, with no windows or ventilation, was not intended to accommodate human beings.

“Mr Elbitawu had a terrible death. He was squashed into the boot of his vehicle with Mr Samieer. There could not have been much room for two adult men. It would have been hot ... there would have been no fresh air.

“The deceased (Elbitawu) would undoubtedly have been terrified. He did not know how the nightmare he was experiencing would end. He may have believed that these were his final moments on earth. If he did, he, unfortunately, was correct. For he was taken from the vehicle and executed by you by being shot in the head.”

Judge Mossop said Samieer’s experience was no less terrifying and it was “a wonder that he was still alive”.

“I do not know which of you did what ... but it doesn't really matter because I have found that a common purpose existed between you to carry out this vile plan.”

Judge Mossop said while none of the accused had an easy life, “there are millions of people in this country who have been born into unfortunate circumstances and have struggled to make their way in life who have not broken the law”.

He said they had shown no remorse.

“I have no idea what motivated you to commit the offences. I am inclined to believe that it was simply greed, in the absence of any explanation.”

He sentenced each of the accused to prison sentences for kidnapping, attempted murder and robbery, but ordered that those sentences run concurrently with the life sentence he imposed for the murder of Elbitawu.

In convicting the men earlier this week, judge Mossop also ordered that a copy of his judgment, in which he criticised the investigating officer constable Sibongiseni Sibiya, be sent to the head of detectives in KwaZulu-Natal.

In his ruling, he said Sibiya appeared to have been “shielding the accused” and had not investigated the matter fully.

TimesLIVE


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