Monday, June 18, 2012
They maintained their innocence throughout the trial. They were sentenced by Acting Judge Kganyago in the Limpopo High Court in Thohoyandou.
The two, Agolle Abdi Jimaale (34) of Siloam and Mohammad Muqtaar (29) of Tshikota village in the Dzanani area, were initially charged with Alasow Mohamed Saeed (21) of Sendedza, also in Dzanani, on two counts of murder and attempted murder.
The first count relates to the murder of Mohamed Abdullahi Adow, who was chopped, stabbed and killed with knives and pangas on 17 January this year at the Siloam Store. The attempted murder charge relates to an attempt to kill Jabril Abrahim, who was also attacked before the assailants left.
During the trial, Adv Philemon Sengani, who appaeared for the defence, asked for the acquittal of all the accused on all counts. Saeed was acquitted and the attempted murder charges were dropped against the other two accused.
In mitigation, the defence submitted to the court that, according to Somali tradition, the two parties had afterwards come together as families and resolved the issue. He also put it to the court that the father of the deceased had approached the State with a view of not pursuing the matter.
He further submitted that the two have businesses that will not function if they are to be incarcerated. He pointed out that they have children wives and children, who will find it difficult to cope without them. He pleaded with the court to deviate from the minimum sentence and to impose a 10-year sentence on the accused.
All these arguments were countered by Adv Ratshilumela Makhera, who represented the State.
In sentencing the two, Acting Judge Kganyago said the two were accused of a heinous crime. He said he had taken into account the way the deceased had been killed like an animal. He had also taken into account that they were both under the age of 35. Kganyago said the murder had been premeditated, with all acting with a common purpose.
He also praised the State for having put its case beyond any reasonable doubt.
He sentenced both to 25-year prison terms, with an order that they not be considered for parole before they had served 20 years of their sentences. He also declared them unfit to possess firearms while in South Africa.
The brother of the deceased, Ishmael Calasow, who was in court, shed a tear of happiness after the sentencing. “At long last, justice has prevailed; my brother was slaughtered like an animal. I think the sentence will deter others from committing such crimes,” he said.
The investigating officer, W/O Samuel Muleele, was equally excited about the outcome of the case.
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