Cape Town - Former Athlone factory shop boss, Shabier Dalwai, will remain in custody after he was convicted of killing a man he suspected of burglary.
Dalwai, who was the owner of Carece Tissues, was on trial with three other co-accused, Junaid Shaik, Samson Makula and Godfrey Owies.
This is after the battered body of Riedoh Hendricks was found, burnt and with multiple gunshot wounds, in Strandfontein.
Charges against Owies were dropped. Two other men, Alex Manuel and another man, who were also implicated in the matter turned state witnesses.
On Wednesday, Western Cape High Court Judge Elizabeth Baartman convicted Dalwai of murder while Shaik and Makula were found guilty of assault with aggravating circumstances and kidnapping. Baartman extended the bail conditions for Shaik and Makula, but ordered that Dalwai be sent to Pollsmoor.
In her judgment, Baartman said according to witness testimonies, Dalwai had intent to kill Hendricks after he had deduced that Hendricks was responsible for the break-in that happened at his store.
She said both the Section 204 witnesses and Shaik had expressed fear of Dalwai, while Makula, who was employed by Dalwai, remained loyal and reserved his right to testify.
After Hendricks was blamed for the burglary, Dalwai sent Manuel to look for him.
Shabier Dalwai bids his family farewell before being led to the cells. Video: Zodidi Dano/Cape Argus
He was found on July 9, 2014, by Manuel, Shaik and Makula who then assaulted him and took him to Dalwai’s home.
On arrival he was placed in a room and beaten with implements. His hands were later tied behind his back with plastic cable ties.
“The deceased was screaming 'I won't do it again' and despite offering to show where the stolen tools were, Dalwai kept on hitting with a hammer,” said Baartman.
Dalwai then conspired with unknown parties to transport Hendricks to Strandfontein. He was then set alight and later shot multiple times.
Shabier Dalwai and his wife. Picture: Zodidi Dano/Cape Argus
A pathologist’s report said there was a strong smell of petrol on the burn wounds. Hendricks sustained multiple abrasions and lacerations of blunt force trauma, from a round object.
Hendricks died due to his gunshot wounds.
The judge said Manuel and Shaik testified that Dalwai had threatened them both.
"When Manuel was arrested Dalwai went to visit him in prison and told him to keep quiet, but Manuel refused to be imprisoned for someone else’s doings," Baartman said.
The case has been postponed to February 28, 2018 for sentencing proceedings.