Durban - Three armed robbers who had targeted homes in the Westville area have been found guilty of murdering international artist Clinton de Menezes and for shooting another victim in the hip.
Durban High Court Judge Esther Steyn on Thursday said the men, by electing not to testify in their defence and failing to put any evidence before the court, had strengthened the State’s case.
Siyabonga Khoza, 24, Lungani Ngidi, 21, and Bongani Makhatini, 28, all from KwaDabeka, were found guilty of robbery with aggravating circumstances, attempted murder, murder and housebreaking.
Their co-accused, Fisto Alimasi, 26, of Burundi, was found guilty of robbery with aggravating circumstances and housebreaking and was acquitted on the other charges.
Steyn said they targeted three separate homes in Westville in December 2013.
The first incident was at the home of Graham and Barbara Payne on December 13, the second at the home of Gail Hamilton on December 29 and the final one on December 31 at the home of Simon Malpas in Waterfall Avenue, Berea West, where De Menezes and his family were staying at the time.
All three victims had testified and had pointed out three of the four accused at an identity parade as well as in the courtroom.
The State had alleged Alimasi co-ordinated the robberies, but did not participate in them and that Alimasi had hired Ntokozo Langa, a metered taxi driver who had turned State witness, to fetch the three other accused from Clermont, drop them in Westville and fetch them after they had committed the crimes.
Yesterday, Steyn said there was direct evidence that Ngidi had shot Graham Payne in the hip and that he had also fired the shot that killed De Menezes. She said Ngidi had intention of killing the artist by shooting him at close range in the chest. The judge also found that Khoza and Makhatini had acted in common purpose.
She found that evidence against Alimasi was circumstantial.
Steyn found Langa’s evidence to be truthful and was satisfied to discharge all the charges against him. She found Ngidi guilty of the unlawful possession of a firearm and ammunition. Sentencing was set down for today.
Daily News