One was the murderer. The other, an accessory after the fact. That was Judge Ashley Binns-Ward’s finding yesterday when he convicted two brothers, Elton and Wayne Smith from Eerste River, for the death of consumer psychologist and media expert Klaas Jonkheid.
Jonkheid, originally from Johannesburg, was hijacked at or near the Spier Wine Estate in Stellenbosch where he was attending a regional congress of the SA Marketing Research Association last year. His body was found with a gunshot wound to the head just over 200m from the area.
Attempts had been made to set Jonkheid’s body alight, while his hired Avis car had also been set alight.
Several of Jonkheid’s personal items were stolen.
Yesterday, Judge Binns-Ward found Elton Smith guilty of murder, robbery with aggravated circumstances, the illegal possession of a firearm and the illegal possession of ammunition.
While Judge Binns-Ward could not find enough evidence to convict Wayne Smith of the murder, he was convicted as an accessory after the fact. He was found not guilty of the other charges “but in terms of section 260 of the Criminal Procedure Act, a verdict of guilty of theft of a motor vehicle and of the personal possessions of (Jonkheid) is entered against (him)”.
Judge Binns-Ward said Elton’s version that he had seen a man by the name of “Ses”, “Bobby” and “Terra” at the scene where Jonkheid’s body was found was merely an “amateurishly devised ploy… to try to avoid responsibility for the robbery and murder”.
Meanwhile, Jonkheid’s stepmother, Cecile, said: “We think it was a fair judgment and believe we can find inner peace.” She said while they finally knew who the guilty were, her heart still “bled” for the brothers’ mother.
Arguments in mitigation and aggravation are expected to begin today. - Cape Time