‘Any shooting would have resulted in death’

926 30.07.2012 Student constable Sipho Mbatha, who shot and killed 16 year old Thato Mokoka early this year. Appears before the Johannesburg High Court for the murder of Mokoka. Mbatha (said this in his evidence) apparently shot and killed the 16 year old as the gun he was carrying went off mistakenly and firing 8 bullets to the young man’s body at his home in Braamfisherville in Soweto. Picture:Itumeleng English

926 30.07.2012 Student constable Sipho Mbatha, who shot and killed 16 year old Thato Mokoka early this year. Appears before the Johannesburg High Court for the murder of Mokoka. Mbatha (said this in his evidence) apparently shot and killed the 16 year old as the gun he was carrying went off mistakenly and firing 8 bullets to the young man’s body at his home in Braamfisherville in Soweto. Picture:Itumeleng English

Published Aug 31, 2012

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Johannesburg - Student Constable Sipho Mbatha was convicted of the murder of Soweto teenager Thato Mokoka by the High Court in Johannesburg on Friday.

Judge Kathleen Satchwell said there was no evidence that disputed his act was not intentional.

“The barrel of the gun wasn't pointed at his feet or legs. The gun was pointed at his head and back. Any shooting would have resulted in death, not injury,” she said.

“I heard no evidence that suggests Mokoka moved and accidentally caused the shooting. There's no evidence that suggests any of your clothing or uniform perhaps (latched) onto the trigger... .”

There was also no evidence suggesting the gun was not properly handled, thus leading to the shooting.

Satchwell said the fact Mbatha chose not to testify had an impact on the trial.

“I deeply regret that you did not give evidence.”

Sipho Mbatha shot dead Mokoka, 16, outside his grandmother's house in Braamfischerville, Soweto, on February 14.

Police had been responding to a complaint that Mokoka was part of a gang and owned a firearm.

The firearm in question was never found.

Sentencing proceedings continue. - Sapa

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