The Lusikisiki Regional Court has sentenced Luvo Nqetho (24)
to 18 years imprisonment following conviction for the murder of Sipho
Damane (61) who had pointed him out to police investigators who were looking
for him.
The murder occurred on July 25, 2022.
The deceased was walking with his friend when two detectives
stopped them and asked if they knew a person called Luvo Nqetho, who was a
person of interest in a case they were investigating.
The deceased showed the two detectives Luvo Nqetho, who was
sitting in his motor vehicle not far from where they were standing.
Nqetho later returned to Damane and his friend, pulled his
firearm, and asked them why they pointed him out when the two detectives
enquired.
“He then shot Damane nine times, instantly killing him, and
told his friend that the reason he did not shoot him was that he respected him.
He fled the scene and was only arrested in the neighbouring town of Flagstaff
on a charge of unlawful possession of a firearm, after almost two months of
being on the run from the police. The state successfully opposed his release on
bail,” Tyali added.
According to Tyali, four days before the start of the trial,
the key eye state witness, the deceased’s friend, Khayalethu Dulaze, was gunned
down at his home by unknown gunmen. Nqetho pleaded not guilty and reserved the
basis of his defence.
Acting Regional Court Prosecutor, Siyabonga Macebo led
evidence of two detectives and brought an application in terms of section 3 (1)
(c) of the Law Evidence Amendment Act 45 of 1988 to admit the late Khayalethu
Dulaze’s statement.
“Despite the defence’s opposition, the court admitted the
statement and held that the interest of justice demands the admission of the
written hearsay evidence of the deceased.” Tyali said.
The court concluded that the state had proved its case
beyond reasonable doubt, and consequently found the Nqetho guilty. Prosecutor
Macebo argued that due to the brutality, cruelty and total disregard of law
enforcement demonstrated by the Nqetho, the prescribed minimum sentence of 15
years was not enough, and the court agreed and sentenced him to undergo 18
years.
Eastern Cape Director of Public Prosecutions, Barry Madolo,
commended the prosecutor, and investigating officers for successfully
prosecuting the case under trying circumstances where the key witness was
suspiciously murdered most probably to thwart the trial.
