Mall killings: Gangster guilty

2008-02-19 21:16

Pietermaritzburg - An armed robber was convicted on Tuesday of the murders of a fellow gang member and a businessman during a R20 000 heist.

Judge Ron McLaren convicted Cato Ridge gangster John Ndawonde, 35, who pleaded guilty to the aggravated robbery of well-known vintner De Wet Joubert, 64.

However, he pleaded not guilty to the murders of Joubert and Ndawonde's fellow gang member, Sandile Jili, in a large mall on a busy Saturday morning in April 2004.

In his plea, Ndawonde said: "My co-perpetrators and I went to Joubert's store. We were armed with loaded firearms.

"We entered the store carrying empty beer bottles. Joubert took the bottles. On his return, three of us pointed our firearms at him.

"He was ordered to lie while his wife, (Anna Joubert), was made to unlock the safe... when I reached the door I heard shots... Joubert and Jili both had fatal injuries as they shot each other.

"I made common purpose with the others to rob, but I never intended that either Joubert or Jili should be injured."

Anna Joubert told the court she was forced at gunpoint to unlock the safe and R20 000 was taken.

"About six or eight shots went off and De Wet was bleeding and I saw he was shot in the chest."

"He collapsed and said: 'Annatjie, ek is geskiet... bel die polisie'."

Judge McLaren said Ndawonde had known that he or others could be killed.

"Ndawonde said he knew that some victims resisted armed robbers. He knew that people were often shot during robberies. Robberies and death often went hand in hand.

"Ndawonde could not give an acceptable explanation for having a firearm loaded with one cartridge if his intention was only to instil fear in the victims. Two others had loaded hand guns.

Guilty of two murders, robbery

"The only inference is that he foresaw that there could be a shootout. He had the foresight that one or more people could be killed.

"This was a brazen armed robbery carried out in broad daylight in a substantial shopping centre with security guards patrolling.

"He carried on with the robbery despite that knowledge and is found guilty of the murders of Joubert and Jili and the aggravated robbery of De Wet and Anna Joubert."

The wounded Jili was taken away by his fellows and died in Lincoln Meade, a Pietermaritzburg suburb. His body was dumped at the roadside away from the city.

Ndawonde is due to be sentenced on Wednesday.

- SAPA