By Lebogang Seale
Jonathan and Houston Peters stabbed their uncle to death after he refused to give them money for drugs and alcohol.
Then, shortly after they had spent the R150 they had taken from his pocket, the two young men returned to Das Moses's house and took his TV, DVD player and sound system.
For this, Judge Nigel Willis on Wednesday sentenced Jonathan and Houston to five years in prison for the murder that occurred on July 15 2006.
In their sworn statements, Jonathan, 20, and Houston, 22, said they "were heavily under the influence of cocaine (and) also smoked two to three boxes of Retrovir tablets".
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"We also had Catemean (sic) tablets. We then drank a 750ml bottle of Johnnie Walker Red before going to our uncle's place to borrow money," Jonathan said.
Judge Willis said he took into account the evidence by their defence counsel, advocate Mbhazima Mabotse, and Annette Vergeer, a probation officer who had examined the two cousins and their family.
During sentencing, Judge Willis said the family of the victim had agreed that the two "desperately needed rehabilitation" as they were drug addicts and that "mercy and compassion" was needed. He said this while also acknowledging that the court could not bring back the life of the deceased.
During evidence in mitigation, Vergeer had said both the deceased's widow and his stepdaughter had agreed that direct imprisonment will not be an appropriate sentence because the two cousins came from economically deprived backgrounds and needed help.
In evidence in aggravation of sentence, Moses's biological daughter, Priscilla Murien Maart, disputed her step mother's plea for a lesser sentence, arguing that she was siding with Jonathan because she had had fights with Moses.
Sentencing Jonathan and Houston, Judge Willis said: "A person who, it would appear, was living peacefully and kindly was brutally murdered. There is no denying that without drugs, this crime would not have been committed."
While Houston appeared relieved with the sentence - he clasped his hands together and smiled - Jonathan stood stony-faced as he braced to serve his sentence.
- This article was originally published on page 2 of The Star on March 27, 2008
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