Marike's killer 'fallen angel'
2003-05-15 21:44
Cape Town - "You've shown absolutely no remorse for the crimes you committed," Judge President John Hlophe told Marike de Klerk's murderer in the High Court here on Thursday.
Luyanda Mboniswa, 22, stood expressionless as he was given two life sentences for murder and robbery with aggravating circumstances. He also received three years for housebreaking with the intent to commit a crime.
Hlophe did not specify that the sentences will run concurrently. He said there was no doubt Mboniswa had planned the murder.
"I'm obliged to impose the maximum sentence because there is no substantial and compelling evidence to justify a lighter sentence," said Hlope.
Mboniswa's supporters gasped and conferred after the first life sentence was handed down. Hlophe warned the packed public gallery he would not hesitate to clear the court if it did not come to order.
In her argument, senior prosecutor Tessa Heunis said Mboniswa knew the Dolphin Beach flats well. "The flats under De Klerk's were only using during holidays. If he simply wanted to steal he could have broken in there. But he climbed to her flat and murdered an innocent, defenceless, elderly lady," she said.
In a scathing attack she lambasted the defence for dragging a number of innocent people into the case and "throwing dirt at them". She was referring to John Thebus, Johan Koekemoer and Willem de Klerk.
"He (Mboniswa) strangled her in the most brutal manner imaginable. It was cold-blooded and an excessive display of violence. After the murder he calmly chatted to the other guards and had a nap in the taxi on his way home. There he counted his money and played with his new toy (De Klerk's cellphone). It's chilling," she said.
Defence lawyer Sheriff Mohamed argued his client was a "fallen angel".
"There's no evidence that he's a hardened criminal. It will harm him if he serves a long term. There's no evidence that he's a danger to the community," he said, adding that there was a treasure in the heart of every criminal.
The murderer's mother Cynthia Mboniswa, 42, testified her son was a model child who never behaved violently toward his family or anyone else.
The defence said it would seek leave to appeal against the conviction.