A 24-year-old man, Luvo Nqetho, has been sentenced to 18 years in jail for the murder of an elderly man who had identified him to the police as a possible suspect in a case. The judgment was delivered in the Lusikisiki Regional Court in the Eastern Cape on Monday, culminating a two-year legal process.
The incident occurred in July 2022 when the police questioned the elderly man, Sipho Damane, about Nqetho, who was a person of interest in an ongoing investigation. Damane bravely pointed out Nqetho to the police, unaware of the grave consequences that would follow.
National Prosecuting Authority (NPA) spokesperson, Luxolo Tyali, explained that Nqetho initially deceived the detectives by claiming to be the brother of the person they were searching for.
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He even accompanied them to a homestead he falsely claimed they lived in. However, Nqetho later returned to Damane and his friend, pulled out a firearm, and demanded an explanation for being pointed out. Tragically, he shot Damane nine times, resulting in his immediate death.
After the murder, Nqetho fled the scene and evaded capture for almost two months. He was eventually apprehended in the neighbouring town of Flagstaff on a charge of unlawful possession of a firearm.
Four days before the trial commenced, Damane’s friend and key state witness, Khayalethu Dulaze, was tragically gunned down at his home by unknown assailants. This incident further complicated the trial, raising suspicions of foul play.
The court proceedings saw Acting Regional Court Prosecutor Siyabonga Macebo present evidence from two detectives and apply for the admission of Dulaze’s statement under the Law Evidence Amendment Act 45 of 1988.
Despite opposition from the defence, the court ruled in favour of admitting the statement, recognizing the importance of considering the interests of justice. As a result, Nqetho was found guilty beyond a reasonable doubt.
During the trial, Macebo argued that Nqetho’s actions demonstrated extreme brutality, cruelty, and a complete disregard for law enforcement. Consequently, the court agreed that the prescribed minimum sentence of 15 years was insufficient and sentenced Nqetho to 18 years in jail.
Barry Madolo, the Eastern Cape Director of Public Prosecutions, praised the prosecutor and investigating officers for their dedication in successfully prosecuting the case under challenging circumstances. The suspicious murder of the key witness, Dulaze, was seen as an attempt to obstruct the trial, further emphasizing the significance of the conviction.
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