A sex worker, a chance meeting on the Umhlanga pier and a plot to extort money from a wealthy businessman were key elements in a murder trial in the Durban High Court on Wednesday.
Sex worker Robyn Foster, 41, and her husband Hussen Emmam, 44, were found guilty of the murder and robbery of her long-standing client, Christopher Stanley, 79, said to be worth about R50m. A third man Msindisi Mavuso, 26, was found guilty of robbery.
Stanley, who lived alone at his upmarket property on Weaver Crescent in uMhlanga Rocks, was attacked while he was asleep on April 6. The three helped themselves to valuables and his bank cards before making off with his Porsche.
His body was only discovered at his home seven days later and the cause of death was blunt force trauma to the head.
The trio were arrested at the Southway Mall on April 21 while trying to sell the Porsche.
According to the indictment, Stanley was Foster’s client for 23 years, and in June 2022 she married Emmam according to Islamic rites.
Foster, however would often make monetary demands and threats against Stanley.
On March 2023 they decided to rob Stanley and extort money from him.
According to Emmam’s plea, about two or three months before Stanley’s death Foster suggested the extortion plan.
He said on March 10 Foster left him at Umhlanga Rocks and went to Stanley’s house.
He went to Stanley’s house the next day when she didn't return home.
Emmam said when he got there, Foster told him Stanley had not gone to the bank and there wasn’t any money. He then went back to the pier.
There he crossed paths with Mavuso, who is originally from the Eastern Cape but was living at an informal settlement in Cornubia.
The pair struck up a friendship and ended up eating and drinking alcohol, and Emmam went to stay at Mavuso’s house in Cornubia.
The following day the two newfound friends went to Stanley’s house and discussed going ahead with the plan to rob him with Foster.
On the day of the murder Emmam and Mavuso visited Foster at Stanley’s house.
They went to Stanley’s room where he was sleeping and woke him. A shocked Stanley sprang up but was struck in the leg. Emmam claimed Mavuso struck Stanley three times on the face with a wooden pole from the yard.
Emmam said they took Stanley’s valuables including crockery and electronic goods which would later be sold. They decided to take his Porsche because he assumed it was without a tracking device, instead of another vehicle, a Ford Ranger.
Judge Mahendra Chetty said the couple had acted in common purpose, and though Mavuso shared in the spoils of the robbery, there was a huge possibility he could have a been an accessory after the crime was committed by Emmam and Foster
He said his efforts to sell the Porsche to his friend hit a snag. Instead the friend suggested he knew someone who would be able to get a log book for R2,500 to help them sell the car.
The trio were arrested at a mall parking lot a few days later while trying to sell the car.
Once in custody of the Durban North police he pointed out a pawnshop where he had sold the TV set, which they retrieved.
Emmam said he had also shown police an open veld in Newlands West where they discarded Stanley's bank cards, but these were not found.
Emmam tried to have his guilty plea set aside claiming his confession was not made voluntarily and that he was assaulted by police officers, who “tubed” him by putting a plastic bag over his head while he was tied with a cable.
Foster tried to exonerate herself in her plea, but this was later rejected by state witnesses who testified before court.
Roddy Howard, Stanley’s nephew, also testified during the trial how it took him a week to find the victim's lifeless remains.
Judge Mahendra Chetty said the couple had acted in common purpose, and though Mavuso shared in the spoils of the robbery, there was a huge possibility he could have a been an accessory after the crime was committed by Emmam and Foster.
“He could have been the proverbial hitchhiker who struck up a friendship,” said Chetty.
He said the defence had been scathing about the “shoddy” police work.
“There was no DNA samples taken at the crime scene. CCTV footage from the crime scene was also not obtained,” said Chetty.
He also noted the three accused had not testified, but Emmam and Foster filed confession statements.
In mitigation of sentence Emmam, who is originally from Tongaat, said he dropped out of school after grade 11. He then moved to Johannesburg, where he worked as a salesman at an electronic retail shop.
He said he came from an abusive family and has three children from a previous marriage to a teacher. He also has a daughter with Foster.
Emmam said he was a cocaine addict for several years.
He apologised to Stanley's family for their pain but maintained he didn't kill him.
“I humbly apologise for the death and I hope you find it in your heart to forgive me. I wanted to start a new life as I was tired of the life I was living."
While Foster didn't take the stand, her attorney provided extenuating circumstances including that she was raped when she was nine years old and diagnosed with bipolar disorder when she was 15. She became a sex worker at 19.
The matter was adjourned to Monday for sentencing.
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