Durban — The husband of a Chatsworth pensioner who was strangled to death during a robbery in 2020 says no guilty verdict or sentence would bring back his wife of 54 years.
Bobby Ram was speaking outside the Durban High Court after Bheki Msomi was convicted of the murder of Jinsee Ram, the attempted murder of her daughter, Sangetha Prithipaul, and 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. He was deemed unfit to stand trial and remains at a state psychiatric hospital. Cele strangled Ram in the presence of Msomi.
Mpepho, who was arrested by police, was a Section 204 State witness and Mtshezane subsequently died after having been on the run.
On Monday, Judge Mohini Moodley found Msomi guilty on all three counts that he had been charged with.
Bobby Ram said as a result of Msomi’s actions and that of his accomplices he had lost his best friend.
“She was my life, we were so close and she was a devotee of God. She even took Simphiwe to church on the Thursday before the murder on Tuesday, and he goes and murders her.
“I had been with him on the Monday evening before that Tuesday and I never suspected anything. This is not something that's easy to accept, especially when we have three children and four grandchildren.
“It's something that I can never forget. I can never forgive him, whatever sentence he gets won’t bring back what I lost. This has had a huge impact on my life, I am over the age of 84 and I’m just lost without my friend.”
In delivering her judgment, Judge Moodley found that even though Msomi had denied in his evidence that he participated in the robbery, he had been actively involved as far back as the planning stage.
Judge Moodley relied on case law in determining whether to find him guilty of Prithipaul’s attempted murder.
She quoted case law relating to the murder case against former Olympic and Paralympic athlete, Oscar Pistorius, in outlining the intention in the attempted murder of Prithipaul.
“In order to determine the attempted murder the court must look at intention, we must draw the necessary conclusion from the evidence.”
Prithipaul had her head banged repeatedly on the ground and lost consciousness as a result.
Judge Moodley also found that Mpepho’s evidence was credible as it corroborated that of Prithipaul.
“We have looked for corroboration in evidence of the complainant, the witness, and the accused as all three were at the same scene.
“We are satisfied that the main person behind the offences was Cele as he knew there was money in the house but that does not mean that the other three were not integral parts of the planning and execution. Mpepho is discharged from prosecution on all three charges.”
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