Axe killer knew what he was doing - judge

Axe murderer Phindile Joseph Ntshongwana

Axe murderer Phindile Joseph Ntshongwana

Published Sep 22, 2015

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Durban - Any hopes former Blue Bulls player and convicted axe murderer Phindile Joseph Ntshongwana had of having his time behind bars reduced or being sent to a mental institution were dashed on Tuesday.

Judge Irfaan Khalil dismissed Ntshongwana’s application in the Durban High Court and said that it was highly improbable that another court presented with the same evidence would reach anther decision.

Handing down his decision, he rejected out of hand that Ntshongwana did not know what he was doing when he attacked his victims.

Themba Majoli, for Ntshongwana, argued that the testimony of the woman Ntshongwana held captive and raped repeatedly over three days was the best proof that his client was insane.

Last year, Khalil sentenced Ntshongwana to five life terms for four murders and one rape, four years for each of the two attempted murders, two years for assault with intent to do grievous bodily harm, and four years for kidnapping.

Ntshongwana killed Thembelenkosini Cebekhulu in Montclair, Durban on March 20, 2011, Paulos Hlongwa in Lamontville two days later, Simon Ngidi in Umbilo the following day, and an unidentified man in Yellowwood Park some time that week.

All the victims were hacked to death with an axe, and two of the victims were beheaded.

He also raped and kidnapped a woman. He attacked and tried to kill two men, one in Umlazi on March 21, 2011, and the other in Lamontville on March 23 of the same year.

Khalil agreed with Majoli that the rape victim provided the best insight into the state of Ntshongwana’s mind, but that this had proved that despite frequent mood swings, he knew what he was doing.

He pointed to the fact that Ntshongwana drove a car “without incident” and had dictated a message that his rape victim was required to send to her sister saying that she was fine.

He also referred to the fact that Ntshongwana was able to order pizza by phone and order her to keep quiet while someone knocked on the door of his Yellowwood Park home.

“It is too far-fetched to say that the applicant was acting automatically,” said Khalil.

Khalil said that Ntshongwana’s attempt to remove the blood from his car and hide his axe was “indicative of clear thought”.

“The act of decapitation is a deliberate action,” he said, adding that Ntshongwana had stalked his victims and placed the axe in his car knowing he was going to use it to stalk and attack someone.

He also referred to the fact that in one of the attacks for which he was convicted of attempted murder, Ntshongwana fled when a witness shouted at him.

In the other incident, he fled when a neighbour turned on the lights upon hearing a commotion.

“The actions of the applicant [Ntshongwana] can hardly be described as automatic and involuntary. The actions of the applicant were not spur of the moment attacks”.

He said the application for leave to appeal had attempted to get the court to focus on specific parts of the evidence that were brought before the court.

“The application is characterised by the mere possibility that another court will come to another decision. The prospects of success are too remote,” Khalil said.

Referring to the application for leave to appeal against the sentence he had meted out, Khalil said that in Ntshongwana’s case, retribution far outweighed the requirement for rehabilitation.

“The barbarity of the attacks cry out for robust sentences. To fully appreciate the savagery of the attacks one only needs to look at the post mortem reports.”

He pointed out that having a mental illness did not automatically lead to the assumption of reduced criminal responsibility or a reduced sentence.

ANA

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