A Polokwane High Court jury found four minors guilty of murder yesterday, 8 December 2021, in the death of aspiring musician Thoriso Themane, 23.
KAMPALA | LIFESTYLE UGANDA (https://lifestyleug.com/) — The Polokwane High Court yesterday found four minors guilty of murder in connection with the death of an aspiring musician Thoriso Themane, 23
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At the beginning of the trial, two accomplices, who are also minors, offered a plea of guilty to assault.
Chuene Maleka and Alfred Mothapo, the adults, were convicted of common assault and assault with intent to cause grievous bodily harm respectively.
Themane was fatally assaulted by Maleka and Mathapo together with the six teenagers in Fauna Park, Polokwane, in 2019 after the minors said that he had stolen a cap belonging to one of them.
The video of Thoriso Themane’s murder went viral on social media after being recorded on a cellphone.
Due to the minors in the group, the trial was held behind closed doors. According to Mashudu Malabi-Dzhangi , National Prosecuting Authority spokesperson, the presentencing has been postponed until February 24.
Malabi-Dzhangi told the Pretoria Newspaper yesterday: “Of the six teenagers, four were convicted after the court satisfied itself that they shared a common purpose since they never distanced themselves even when one was inviting others to join them.”
Malabi-Dzhangi told Pretoria Newspaper yesterday: “Of the six teenagers, four have been convicted after the court was satisfied with the doctrine of common purpose as they never distanced themselves even when one invited others to join them.”
Malabi explained, “The two others had tendered a guilty plea in which in their statement they stated they knew that they ought to leave the group because there was no reason to attack the deceased.”
“The two other parties who had agreed to a plea bargain said in their statement that they realised they should leave because, according to them, there was no reason for attacking the deceased.” Malabi added.
Maleka and Mothapo denied involvement in the attack in their testimony. They explained that they tried to call the police to stop the attack, but no one showed up.
The lawyers based their closing arguments on their observations of the level of engagement of all the accused on Tuesday before Judge Violet Semenya.
Mashudu Mudau, the State’s top prosecutor, on Tuesday argued that all minor accused are directly related to Thoriso Themane’s murder charge.
During the trial, the prosecutor offered evidence suggesting the six minors were involved from the start of the attack on the musician.
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