MAN SENTENCED TO 18 YEARS' IMPRISONMENT FOR MURDER AND ROBBERY COMMITTED IN FURTHERANCE OF A COMMON PURPOSE

Phuthaditjhaba, Free State – The National Prosecuting Authority (NPA) welcomes the conviction and sentencing of Sello Sebobane (33) by the Phuthaditjhaba Regional Court for murder and robbery with aggravating circumstances committed in furtherance of a common purpose. The conviction arises from a violent attack that occurred on the night of 13 December 2013 at Bluegumbosch, near Phuthaditjhaba, in the eastern Free State. The accused pleaded not guilty to both charges.

During the trial, the State, initially represented by Regional Court Prosecutor Botlenyane Mosia, led the evidence of the complainant in the robbery charge, who was also an eyewitness to the fatal attack. The witness testified that he and the deceased were walking together when they were ambushed by four men. While three of the assailants attacked the deceased, one stabbed the witness twice before robbing him of R2 200.

The witness testified that he knew the accused by sight and was familiar with where he lived. When questions arose regarding the identification of the accused, Regional Court Prosecutor Palesa Molangoanyane successfully applied to reopen the witness's examination-in-chief before cross-examination commenced. The witness then provided further details regarding the identification of the accused. He testified that he clearly observed the accused when he and his accomplices approached the victims and that visibility at the scene enabled him to identify him. He further testified that the accused and two accomplices, all armed with knives, participated in the attack on the deceased.

After being stabbed and robbed, the witness pretended to be dead while keeping his eyes open. He observed the continued assault on the deceased and saw the accused and his accomplices leave the scene after the deceased collapsed. The witness subsequently sought assistance from community members. Police and emergency medical personnel were summoned, but the deceased succumbed to his injuries.

In his defence, the accused denied being present at Bluegumbosch on the day of the incident. Through his legal representative, he initially claimed that he had been at his grandmother's residence in Phuthaditjhaba. However, during his testimony, he stated that he had been at an initiation school located approximately a three-hour walk from the scene. Despite claiming to have been elsewhere, he attempted to describe events that allegedly occurred at the crime scene. The court found his version improbable, contradictory, and unreliable.

The court rejected the accused's evidence and accepted the State's case as credible and reliable. Consequently, the accused was convicted of murder and robbery with aggravating circumstances committed in furtherance of a common purpose.

During sentencing proceedings, the defence argued that the accused's approximately 25 months of pre-trial incarceration, coupled with his status as a first offender, constituted substantial and compelling circumstances warranting a departure from the prescribed minimum sentences of life imprisonment for murder and 15 years' imprisonment for robbery with aggravating circumstances.

The State opposed any deviation from the prescribed minimum sentences, arguing that no substantial and compelling circumstances existed. The prosecution further submitted that the offences were aggravated by the fact that the accused knew both the deceased and the complainant, as they resided in the same street. The State also highlighted the brutality of the attack, during which the deceased was stabbed multiple times by several assailants, and emphasised the lengthy delay in securing justice for the victim and his family since the commission of the offences in 2013.

In delivering the sentence, the Presiding Officer described the conduct of the accused and his accomplices as gruesome and aggravating. While acknowledging the seriousness of the offences, the court found that substantial and compelling circumstances existed to justify a deviation from the prescribed minimum sentences.

The accused was sentenced to 18 years' direct imprisonment for murder and four years' direct imprisonment for robbery with aggravating circumstances. The court ordered that the sentences run concurrently.

The NPA welcomes the outcome, which underscores the commitment of prosecutors and law enforcement agencies to ensuring accountability for serious violent crimes, regardless of the passage of time. The conviction and sentence send a clear message that those who participate in violent criminal conduct, whether acting individually or in furtherance of a common purpose, will be held accountable before the law.

Issued by:

Mojalefa Senokoatsane

NPA Regional Spokesperson

Free State Division