Durban — The State said it has proved its case against a man on trial for the alleged murder of a Chatsworth pensioner beyond a reasonable doubt.
Senior State Advocate Khatija Essack said this in her heads-of-argument on the merits of the case where Bheki Msomi stands charged with murder and attempted murder, as well as robbery with aggravating circumstances in the Durban High Court.
Jinsee Ram, 73, was allegedly strangled to death in her Khawarstan home during a robbery, where four assailants, including her employee, entered her home after lying in wait in her garage in May 2020. Her daughter Sangetha Prithipaul, who was home, had her head banged repeatedly on the ground, and lost consciousness at some stage, had her hands bound and mouth gagged with tape.
Msomi allegedly entered the Ram home with Simphiwe Cele, Mthethunzima “Stars” Mpepho and Luvo Mtshezane.
Cele was employed by the Ram family and was deemed unfit to stand trial and remains at a state psychiatric hospital. Mpepho, who was arrested by police, is a section 204 State witness and Mtshezane died after having been on the run.
Essack handed in her heads earlier on Wednesday and by the afternoon Msomi’s defence, Sipho Radebe, had been expected to email his.
Arguments were meant to be heard before Judge Mohini Moodley on Wednesday, however, Radebe was unable to come to court.
During the trial, Radebe relied on a single witness, which was the accused.
In her argument, Essack submitted that on a conspectus of the evidence, there was careful scrutiny of Msomi’s constantly changing versions of events, and multiple discrepancies that suggested his version should be rejected by the court.
“It is submitted that the evidence of the witness Mpepho be accepted despite its minor contradictions, as the witness took the court into his confidence and gave his evidence frankly and honestly. He did not minimise his role in the crimes. And his evidence was corroborated by the evidence of the complainant (Prithipaul).”
The matter continues today (Thursday).
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