Durban — The Durban High Court has found Bheki Msomi guilty of the murder of Chatsworth pensioner Jinsee Ram, who was strangled to death in her home during a robbery in 2020.
Even though Msomi was not the one who physically killed Ram, Judge Mohini Moodley found that he did not try to stop his co-accused Simphiwe Cele from strangling the elderly woman.
The judge said Msomi also attacked Ram’s daughter Sangetha Prithipaul who had walked into the room during the commission of the offence preventing her from stopping the murder.
Msomi has been on trial for Ram’s murder, the attempted murder of her daughter Prithipaul as well as robbery with aggravating circumstances.
On the day of the murder and robbery, Msomi had 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. Mtshezane subsequently died after having been on the run.
Moodley delivered her judgment in the matter on Monday.
“The accused prevented Prithipaul from intervening when she walked in and attacked her. The proven facts are that the accused violently attacked the complainant (Prithipaul) by throttling her, banging her head repeatedly on the ground, and he continued after she regained consciousness and was bleeding. The severe injuries sustained by the complainant (Prithipaul) were recorded, and they show that the accused was applying force to have lost consciousness,” said Moodley.
“The complainant survived because she was willing to point out where the money was. All this is indicative that the court must find the accused guilty of attempted murder,” said Moodley.
She said that evidence conclusively found that the accused was an integral part of the robbery, and he shared in the proceeds of the robbery.
“We have no doubt that the accused participated in the robbery, the evidence of Mpepho and the complainant confirm his active participation in the robbery.”
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