The anguish of the wife of a man killed in a botched robbery at the Pongola Rugby Club in March 2020 was laid bare when she testified in aggravation of sentence of the three men convicted of the crime.
In his recent judgment on the sentence, judge Rob Mossop, sitting on circuit in the northeastern division of KwaZulu-Natal, said: “Anyone who heard the evidence of Adele Matthews would have been moved by what she said.
“Her evidence was tangibly suffused with anguish and pain.”
Mossop was considering the sentences to be imposed on Smanga Phakathi, Sipho Richard Mthembu and Sibonelo Mabosi Sihlongonyene, who were part of a gang, some armed with guns and pangas, who pounced on patrons of the Porra's Bar at the club.
They were convicted of two counts of murder — for Shaun Matthews and a member of their own gang, Nxolani Mtshali, who was shot in the melee — attempted murder and attempted robbery with aggravating circumstances.
World turned upside down
Turning to the evidence of Matthews, Mossop said her world had been turned upside down after the murder of her husband.
“She lost first her husband and life companion, then her means of support, then her own employment and then her children, as she was forced to move away from Pongola to try to pull herself together and get a job to support her family.
“Her life, and the lives of her three young children, went into a downward spiral that continues even to this day, four years after the events.”
She had testified that she now lived with a friend in Gauteng while her mother-in-law looked after the children in Pongola.
“It is a tragedy,” he said.
Also tragic was the loss felt by Mtshali’s family who were as “innocent” as Adele Matthews.
“The only difference is that Mtshali had gone to the rugby club to rob members of the public, who were relaxing there at the end of a working week.”
‘Moulder in prison’
Mossop said it was tragic the three convicted men had chosen to waste their lives and would be denied the opportunity to live life to its full potential.
“You are going to moulder in prison. You will not be free for the greater portion of your lives. Confining the three of you to prison is a waste of human potential, but it must happen to protect society and to drive it home to you that your conduct is unacceptable.”
In considering whether there were any substantial and compelling circumstances to deviate from the prescribed minimum sentence of life imprisonment, Mossop said he could not ignore that an apology of sorts had been proffered by all three convicted men to Adele Matthews.
None of you have admitted you were at the rugby club and you have not taken the court into your confidence
— Judge Rob Mossop
While she was testifying, their lawyer, Mr Luthuli, had addressed her, saying: “I must say to you, your family and children, that they are very sorry for what happened, it was not their intention to take the life of your husband. They ask you to find forgiveness in your heart for what they did. It was not their intention. They are very sorry and are short of words.”
Mossop said: “I had the distinct impression that these words were sincerely spoken upon your instruction. None of you have admitted you were at the rugby club and you have not taken the court into your confidence. There is, however, a suggestion in what you instructed Mr Luthuli to say on your behalf that you acknowledge your presence and involvement in the events.
“With some hesitation, I accept that you have displayed some remorse.”
He said that on a balanced evaluation of all the evidence, he believed the men had intended to rob the patrons at the club and not commit murder.
He accepted that the three before him had not had guns. Those that did were either dead or had evaded arrest.
Only Mthembu had a criminal record.
He sentenced him to 25 years’ imprisonment and Phakathi and Sihlongonyene each to 20 years.
“Do you all understand? I wish you good luck,” the judge said.
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