Cape Town - A major twist unfolded in the Western Cape High Court when home invasion accused Aphiwe Nkophe, 25, told the court he was not guilty despite a plea agreement submitted into the record saying otherwise.
The father of two from Hout Bay is charged with three counts of murder, housebreaking and robbery with aggravating circumstances for a home invasion on December 5, 2019. Patricia Sonja Ellis, 78, died during the incident.
His lawyer, Office Ntini, told the court he had entered into a plea and sentence agreement with the State, represented by advocate Lenro Badenhorst. He read the agreement into the record, stating admissions made by Nkophe about his role in the offences.
In it, he admitted he and three others gathered to plan a house robbery in the Rondebosch area during the evening of December 4. They drove to Rondebosch from Khayelitsha and chose Ellis’s home because they perceived it to be quiet, with no movement.
After 3am on December 5 they broke in, entering through the bathroom window. When they entered the house, Ellis spotted them and screamed. Nkaphe and his accomplice grabbed her and tied her hands behind her back while the others went through the house. They tied a scarf and black material around her mouth. A blanket was tied around her head, face and neck while she was face down.
By that time the alarm had gone off, and they panicked and hurriedly grabbed items from the home.
They took the keys, gained entry to one of the two cars in the garage and were able to drive off. One of Nkophe’s accomplices caused an accident when they fled, but another driver followed them to Hout Bay, where Nkophe lived.
As per the agreement, Nkophe admitted he was guilty of all three charges and was set to be sentenced to 20 years’ imprisonment for murder, two years for the housebreaking and 12 years for robbery with aggravating circumstances.
However, when Nkophe was asked by Acting Judge Nonthuthuzelo Ralarala what he would plead for the charge of housebreaking, his response was “not guilty, I didn’t do it”. This sent shock waves around the room and everyone seemed surprised by his change of mind.
After consulting with his counsel, a request was made for the matter to be rolled over to the next day on account of Nkophe saying he did not feel well.
Acting Judge Ralarala advised the parties to revisit the agreement since Nkophe had diverted from the written submission.