Man found guilty of killing Westbury toddler

2015-03-27 12:02
Lindray Khakhu  (File, Werner Beukes, Sapa)

Lindray Khakhu (File, Werner Beukes, Sapa)

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Johannesburg -

Lindray Khakhu was on Friday found guilty of killing Westbury toddler Luke Tibbetts in a judgment by the South Gauteng High Court in Johannesburg sitting in Palm Ridge.

"This court finds that the accused did indeed foresee that his action might lead to the death of another person or persons, and he reconciled himself to it," said Judge Matthew Klein.

"This court finds that the accused acted with dolus eventualis when he fired the shot that killed Luke Tibbetts.

"The court concludes that the accused did not act in private defence."

Khakhu, 22, was found guilty of two murders, including that of Tibbetts, five of attempted murder, 10 of unlawful possession of a firearm and ammunition, and one of pointing a firearm.

He was found guilty of all charges, except a charge of unlawful possession of ammunition.

Three-year-old Tibbetts was shot in the head in Steytler Street, Westbury, Johannesburg, on 2 August last year. He was sitting on his mother's lap in a car as Khakhu shot at Keenan Mokwena, who was travelling in another car.

Mokwena was wounded. Tibbetts died in hospital six days later.

Khakhu shot dead Elton Mooi in June 2013.

Trigger-happy

Klein found Khakhu had intended to kill Mokwena or anyone else in Mokwena's car because he had fired 10 shots, seven of which hit the Toyota Yaris they were in, and one which hit the car in which Tibbetts was driving.

Klein said Khakhu was not so drunk that he did not know what he was doing. He was trigger-happy and that there was no ongoing attack at the time he fired the shots.

"The fact is the accused shot in a busy street... in other words the accused had to foresee the possibility that innocent people might be hurt, even killed."

Klein said Khakhu was a dangerous man who liked to shoot.

Klein found Khakhu had intended to kill Mooi.

"The shooter acted with the sole intent to kill," he said.

He found Khakhu's testimony contained many improbabilities and fabrications.

Luke's uncle Lewellyn Valentine was crying as he sat in front row of the public gallery after the judgment.

Read more on:    johannesburg  |  crime

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