Boastful, brutal killer convicted

Mbuyiselo Fish has been found guilty of all four charges relating to the murder and rape of his girlfriend Bettie Thenza. Picture: Soraya Crowie

Mbuyiselo Fish has been found guilty of all four charges relating to the murder and rape of his girlfriend Bettie Thenza. Picture: Soraya Crowie

Published Sep 3, 2015

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Kimberley - The Northern Cape High Court has found Mbuyiselo Fish guilty of all four charges relating to the murder and rape of his girlfriend, Bettie Thenza.

Fish was on Wednesday found guilty of murder, two counts of rape, vaginally and anally, as well as assault with intent to do grievous bodily harm.

Thenza’s semi-naked body was found in Promised Land in February 2013.

A witnesses told the court that Fish had told him about the incident after they met at a tavern.

According to the witness, he met Fish for the first time and during the meeting, the latter told him the details of how he had raped and killed his girlfriend.

The witness said Fish told him that he had intercourse with Thenza before killing her.

He added that Fish said he first raped his girlfriend vaginally, then anally, and then inserted a knife into her vagina and anus.

According to the witness, Fish said the deceased was lying on the bed and he took a pillow and smothered her.

He then took the body, which he rolled in tape, and intended shoving it in a drain.

The witness said Fish told him that when he saw people moving around, he left the body next to the drainage system.

Fish returned to the tavern the next day and pointed out Thenza’s picture to the witness after he saw the article regarding the murder in the DFA.

The witness said he reported the matter to the police who found the body next to the drainage system.

The investigating officer later found the murder weapon in Fish’s shanty, which was in disarray.

Judge Mpho Mamosebo said she had to take all evidence presented into account before making a decision on judgement.

“The accused pleaded not guilty to the charges. He denied assaulting the deceased and said he had consensual sex with her. He said that should there be any signs of anal penetration, these would have incurred accidentally during the consensual intercourse,” said Mamosebo.

She said the post-mortem revealed that the deceased had various injuries inside and on her vagina as well as anus. Mamosebo said the report also stated that the deceased had injuries to her face and body.

“The forensic report stated that the deceased’s brain appeared slightly swollen and congested which may have been due to a lack of oxygen. The lungs were heavy and appeared congested. The doctor drew blood from the deceased for analytical purposes and found the alcohol content in the blood was high. The injuries in the vagina and anus were visible and it appeared that a sharp instrument was used to cause the injuries. The doctor said the injuries were caused before the deceased died,” she said.

Mamosebo said previous testimony given by other witnesses indicated that Fish and Thenza’s were involved in an abusive relationship, with Thenza coming off the worst of the two.

Mamosebo said Fish never denied that their relationship was abusive.

“The accused admitted there was strong jealousy between himself and the deceased. He said the relationship took a turn for the worse after he lost his job due to his bipolar disorder.”

The court directed that the accused be examined by a psychiatrist in order to determine whether he could distinguish between right and wrong.

Mamosebo pointed out that the psychiatric examination revealed that Fish was fit to stand trial and could follow court proceedings.

She said that according to testimony from other witnesses, Fish and Thenza were fighting on the morning of her death.

“The testimony presented by friends of the couple said the pair were often involved in physical fights. On the day of the incident, they were fighting at a tavern. They then left the tavern together and went home. The brother of the deceased said he and a friend intervened after they saw the couple fighting at the shanty again. The brother said that Fish was banging Thenza’s head against the shanty and beating her. He and the friend then left to call the police from their aunt’s house as he didn’t have a phone. When they returned, the shanty was locked and there was silence inside,” said Mamosebo.

She said Fish told the court another version of how the events unfolded.

“The accused did not deny the fight but said that the deceased’s brother was the only one who left the shanty after the fight. The accused, the deceased as well as the brother’s friend remained behind. The accused said he then left the deceased with the brother’s friend, creating the impression that the friend was the last person who was with the deceased and should know what happened to the deceased,” said Mamosebo.

“He even created an alibi by saying that he met his uncle at a tavern after he left the deceased and the friend. The friend denied the allegations and his version was confirmed by the brother of the deceased who said they both left the deceased and accused at the shanty to go call the police.”

Mamosebo said she found the alibi to be a lie.

“It is stated that if an alibi is rejected, the evidence presented should be treated as if the accused never testified. I accept the evidence of the witness the accused met at the tavern to be true because how would he know such details on the matter if he was not told by the accused. I am satisfied that the State has proven their case beyond reasonable doubt,” she said.

The case has been postponed for sentencing.

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