Maqubela case: 1-minute murder plan ‘improbable’

2013-10-08 17:52

Thandi Maqubela and her business associate Vela Mabena could not have planned her husband’s murder in a 76-second phone call, the Western Cape High Court has heard.

Randall Titus, for Mabena, rejected the state’s contention that Maqubela was galvanised to kill her husband Patrick Maqubela and planned his death in the short phone call on June 4 2009.

“It beggars belief that this is the state’s theory,” he said in closing argument.

Both have pleaded not guilty of suffocating the acting judge with cling-wrap in his Sea Point, Cape Town, apartment on Friday, June 5 2009.

Maqubela has also pleaded not guilty to charges of fraud and forgery regarding her husband’s alleged last will presented at the Johannesburg office of the master of the high court.

The state had remarked that a flurry of phone calls between Thandi Maqubela and Mabena the day of the acting judge’s death was “suspicious”.

Maqubela made short calls to Mabena at 8.27am, 9.14am, 9.41am, 1.15pm and 2.29pm. An SMS was also sent from the acting judge’s phone to Mabena at 2.27pm. It read: “Trying to get hold of you.”

Titus said the calls were entirely consistent with a person calling to ask for directions, as was Mabena’s version of events.

He said Mabena’s presence at the acting judge’s apartment and the five phone calls on June 5 were consistent with two distributors conducting business on behalf of Forever Living health products.

“It is reasonable to infer that that telephonic contact was made in order to make the necessary arrangements to visit accused one (Thandi) at her apartment and to purchase a book.”

But Bonnie Currie-Gamwo, for the state, pointed to telephonic communication between the business associates before June 4.

She said there was a four-minute call on May 23 2009. The following day, there was a three-minute call, an SMS from Mabena to Thandi Maqubela and a four-second call.

On May 30 2009, Mabena spent just over 18 minutes talking to Maqubela on the phone.

She said cellphone activity also placed Mabena and Maqubela in Sandhurst, Sandton, in Johannesburg, in April 2009.

Titus said the alternate inference on the facts should be drawn, which was that Mabena was innocent.

“There is no evidence, circumstantial or otherwise, from which the inference may be drawn that accused two (Mabena) had the necessary intent, or indeed any motive, to murder the deceased.

“It is common cause that accused two did not know the deceased. The state does not allege that he had a motive to kill the deceased.”

He said Mabena’s fingerprints and DNA were found on none of the exhibits and there was nothing else linking him to the death.

The matter was postponed until November 11 for judgment.

Join the conversation! encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions. publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24

Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.