Burgstaller's killer gets life

Published Nov 2, 2009

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By Arthi sanpath

With fingers pointed at Judge President Vuka Tshabalala, and harsh remarks directed at court orderlies, the aggressive murderer of former Austrian footballer Peter Burgstaller has been sentenced to life imprisonment.

In a day marked with tension and scuffling between Mthokozisi Msani, 27, and court orderlies, Msani and his younger brother, 24-year-old Simo, were on Friday convicted of murder and sentenced to lengthy terms in prison.

The older Msani was defiant throughout proceedings, walking away in the middle of sentencing.

The brothers learnt of their fate at the end of the almost two-year trial for Burgstaller's murder, after he was fatally shot at the Selborne Golf Estate in November 2007.

Burgstaller had landed in the country just five hours before the killing and was in the province for the World Cup draw. He was robbed of his cellphone and a wallet containing foreign currency. The brothers had tried to sell the phone for a few hundred rands.

During the judge's summary of the court proceedings, Mthokozisi listened intently, growing visibly tense as the judge neared his verdict.

Simo was tense, and continuously rubbing his hands and palms together. He held his head in his hands and rarely looked at the judge.

Mthokozisi constantly raised his hand to object, saying he wanted proof he killed Burgstaller.

Despite the judge and the court orderlies instructing him to keep quiet and sit down, Mthokozisi rudely dismissed them and pointed at the judge, demanding evidence.

Simo tried timidly to calm his brother down, tugging at the end of his jacket.

Mthokozisi was sentenced to 15 years for robbery with aggravating circumstances; life for murder; 15 years for the illegal possession of a semi-automatic weapon, and five years for the illegal possession of ammunition.

Simo was sentenced to 15 years for robbery with aggravating circumstances and 20 years for murder. The judge said Simo appeared to have been influenced by his older brother.

The brothers' life sentences are to run concurrently. Judge Tshabalala said during sentencing that Mthokozisi was a very aggressive person, who even became aggressive when his brother gave evidence implicating him.

The judge said Simo was worried for his safety, because he felt his brother would assault him when they were both in custody.

Judge Tshabalala mentioned Mthokozisi's previous convictions, saying the man had brushed shoulders with the law many times before and the chances of rehabilitation would be remote.

State advocate Dorian Paver described Mthokozisi as someone "at war with society".

Honorary Austrian Consul, Gerald Seitter, said he was impressed and relieved at the outcome.

"The police and the state advocate did a great job. I will be communicating with Burgstaller's sister in Austria to relay the sentencing."

The sentencing has made international headlines, with Austrian papers running the story of the end of the trial.

Wikipedia, the online reference system, was updated to include details of the sentencing on Burgstaller's profile.

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