Cape Town -
An activist and her husband wanted to “make a point” and express their dissatisfaction with the criminal justice system when they necklaced a man over a stolen TV set.
This was according to findings by Judge Robert Henney, who on Wednesday convicted couple Angy Peter and Isaac Mbadu – along with their co-accused Azola Dayimani and Christopher Dina – in the Western Cape High Court for the murder and kidnapping of Rowan du Preez in Mfuleni in October 2012.
Peter is a founding member of the Social Justice Coalition (SJC) and is understood to have played a key role in the organisation’s campaign for the setting up of the Khayelitsha Commission of Inquiry into policing in the area after several incidents of mob violence.
Mbadu also works with the SJC.
In a press statement, the SJC said it was “shocked and deeply saddened” by the court’s decision.
Judge Henney found that the murder was premeditated and that the four had acted together in common purpose.
They were acquitted, however, of assault with intent to do grievous bodily harm.
“After having appraised the totality of the evidence of the State, I am convinced that all four accused were involved in the assault, kidnapping and subsequent setting alight of (Du Preez) that led to his death,” said Judge Henney.
The court rejected the versions of the four accused. With regard to Peter, Judge Henney described her as an “argumentative and evasive” witness who appeared to be filled with “self-importance” and believed that the police had conspired against her.
He said that in August 2012, Du Preez was accused of stealing Mbadu and Peter’s TV set and was beaten up by the couple and a group of community members.
Du Preez was later arrested. He was released on bail on October 10, 2012, and was killed days later when a tyre was put around his body and set alight.
In Judge Henney’s view, the totality of the circumstantial evidence on its own was sufficient to prove the four were responsible for the murder.
Hearsay evidence by Du Preez – which was admitted as evidence and in which he implicated Peter and her husband – filled in the gaps of what ultimately happened.
Judge Henney also found that there must have been some prior planning as they would have had to find a tyre and acquire fuel to set it alight.
He went on to say: “(Peter) and (Mbadu) clearly wanted to make a point and wanted to voice their dissatisfaction with the criminal justice system… ”
The judge acquitted the four on the assault charge, saying he was not convinced that this was a separate offence and that it amounted to a duplication of charges.
The assault, he believed, was part of the effort to deprive Du Preez of his freedom of movement.
The SJC said in a statement: “Angy and Isaac’s lawyers are studying the record and determining the best course of action to ensure that justice prevails in this matter.
“It is probable that the decision will be taken to appeal and the SJC will abide by any decision that comes from this.”
While all four were out on bail, Judge Henney withdrew their bail on Wednesday. They were taken into police custody.
William King SC, defence counsel for Peter and Mbadu, told the court that his clients are raising five children, aged 1 to 14.
Sentencing procedures have been scheduled to begin on November 24.
Cape Times