'I feel no hatred' - priest

2002-09-05 22:45

Pretoria - An Anglican priest testified on Thursday that he harboured no feelings of hatred or revenge towards the two men who murdered his son during a robbery.

Rev Mark Spyker was called to testify in the trial of Judas "Chillie" Diphofa and his cousin Raymond "Doctor" Diphofa after trial Judge Mahomed Ismail said he wanted to know more about the victim and his family.

The two were convicted on charges of murder and robbery with aggravating circumstances.

Judas was also convicted for the illegal possession of a firearm and ammunition and damaging property. He set Spyker's car alight after taking it from his home during the robbery.

Raymond, who tried to bribe a policeman with R300 to release him from custody, was convicted on an additional charge of corruption.

The judge said the evidence against Judas was overwhelming.

Robert's sister and domestic worker had identified him as the gunman at the house that night and his thumbprint was also found on a sweet container.

Although there was only circumstantial evidence against Raymond, the court found that he had been in possession of a car and a computer stolen from the Spyker home that night and failed to give any explanation about this. The conclusion was that he had been at the scene, had known that his cousin might use a firearm and reconciled himself with the deed.

Spyker's nine-year-old son, Robert, bled to death after being shot in the knee by Judas, who entered the house with a group of robbers, demanding money and the keys to the car.

His young sister, who witnessed the event, had to receive psychological counselling and medication for depression after the incident, but was now, according to her father, much stronger and no longer needed treatment.

Robert and his two sisters were watching television with domestic worker Nolene Mathabatha while their parents attended a meeting at Robert's school.

Spyker, who was at times in tears, said Robert's death had been a terrible tragedy and a great loss for the family, but they have moved on and started a new life as a restructured family.

"As a Christian priest I had to work through the issue of forgiveness. I was aware that these people probably did not have the benefit of the education and other benefits that I've had in this country.

"At no point have I had a sense of revenge, bitterness or hatred towards these people. But I am concerned that we have allowed this kind of thing to happen.

"Having heard about the seven previous convictions (of Judas), and especially the last one, where he was out on parole for robbery, I'm concerned that he might not have learnt from previous experience.

"My hope is that he learns from this and grows into a new life, but I worry that he won't change. You are the experts to decide on an appropriate sentence.

"My only concern is that they won't do something like this again to someone else. I'd like to see them changed people with changed lives," Spyker said.

Judas was out on bail after serving jail time for housebreaking and robbery when he murdered Robert.

His cousin had three previous convictions for theft-related charges.

Prosecutor David Broughton said on Wednesday he would have argued for the imposition of the death penalty if such a sentence had still been in existence.

He said the court should sentence both to the maximum penalty.

The defence counsel conceded that there were no compelling circumstances to warrant a lesser sentence than the minimum of life imprisonment.

Ismail will pass sentence on September 23.

- SAPA