30 years for Corrie Sanders killers
Three Zimbabweans who killed former world heavyweight boxing champion
Corrie Sanders during an armed robbery were jailed for 43 years each on
Wednesday, of which they have to serve 30.
High Court in Pretoria Judge Ferdi Preller sentenced Paida Fish,
Chris Moyo and Samuel Mabena, all in their 20s, to 18 years imprisonment
for murdering Sanders.
They were sentenced to 19 years for armed robbery and a further six
years for possession of unlicensed firearms and ammunition.
Preller ordered that some of the sentences run concurrently, giving a
sentence of in effect 30 years for each of the three men. They are all
first offenders. Sanders, 46, was shot during an armed robbery at the
Thatch Haven Country Lodge outside Brits while attending his nephew's
21st birthday party on September 22, 2012. He died the next day in the
Kalafong Hospital.
Sanders was talking to his daughter Marinique and a cousin near the
entrance to the boma when the three stormed in and started shooting.
He was hit when he moved in front of his daughter to protect her.
Sanders was already bleeding from wounds to his arm and stomach when he
pulled her to the ground and told her to pretend she was dead.
The robbers ordered guests to lie down and demanded their handbags,
cellphones and cash. Two of the guests later identified Fish and Moyo at
a police identity parade.
The Zimbabweans were arrested a few days later at the Oukasie
informal settlement near Brits after a tip-off. All were found in
possession of some of the items taken. Preller said he was aware many
people thought the death penalty should be re-introduced.
Others thought murderers only needed education and correction and
that non-custodial sentences should be imposed for murder, he said.
"Fortunately... trials and sentences are not conducted by way of
opinion polls. I am left in the middle... and can do no better than to
follow the law," he said.
A life sentence is prescribed for premeditated murder, murder during
an armed robbery, and murder by a group acting with common purpose.
"There is no doubt in my mind that the robbery had been premeditated,
carefully planned and carried out with military precision. It is also
clear that part of pre-planning was the decision to start off
proceedings by firing off shots," he said. "The intention of that
shooting would undoubtedly have been to intimidate the victims and make
sure there is no resistance. Since not one of the witnesses who gave
evidence actually saw the firing of the fatal shot it is impossible to
make any finding about the circumstances under which the deceased was
shot.
"It would have made a big difference in this case if there had been a
finding that one of perpetrators had shot the deceased deliberately at
the beginning of the proceedings.
"It may well have been the case... in order to intimidate the
victims, but there is no evidence to support such a finding and I cannot
make that finding. "The finding I made was that the deceased had been
shot in the course of the random shooting and that he was not shot and
wounded with direct intent," Preller said.
He said although he was painfully aware of the consequences Sanders's
murder had on his two children, his mother and the rest of his family,
his finding that there had not been any direct intent to murder
justified the imposition of a lesser sentence.
|