THE case against Thato Mosetlha (22), Arthur Khoza (19), and Mahlatsi Nkuna (21) was postponed to Friday, 8 March, due to the attorney of accused number three falling ill.
On Thursday, 7 March Judge Frances Reid was supposed to hand down the judgement but unfortunately after noticing that legal representative of Thato Mosetlha wasn't well, the court had to be adjourned to allow him to go and consult with a doctor.
Announcing to the court, Judge Reid said: "Due to unforeseen circumstances, the matter is standing down and the judgement will be heard on the next day."
The trio was appearing before the High Court, North West Division sitting at Ga-Rankuwa Regional Court on Thursday, 7 March whereby the family members of the deceased were hoping the matter would be finalised after several postponements.
The three suspects are facing charges of robbery with aggravating circumstances, kidnapping, murder, malicious damage to property and defeating the ends of justice.
Sam, who was from the LGBTQ community, was found dead in the boot of a burnt Hyundai i20 car at a soccer field in Ikageng Section, Klipgat, in 2021 after police investigations led them to a house in the Phutha section, Klipgat, on Monday, 21 June 2021.
The house which belonged to accused number three, Thato Mosetlha, was searched, and bloodstains were found on the floor, under and on top of a bed, as well as on the carpet.
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An axe suspected to have been used during the crime was found on top of the roof of the house, and DNA samples positively identified Sam Mbatha as the dead person.
His uncle Cornelius Mbatha said they will wait for the matter to end and cannot give up now after traveling this painful long journey for three years.
Sam's mother, Constance Mbatha, said she only attended court three times, and the first time she saw the alleged killers, she was angry.
"It's been difficult that is why I stopped attending court proceedings, but I have placed everything on God's hands. This situation is above me and only God can fight it for me," she said.
LGBTQ activist Meisie Motaung said they hope the killers will get the sentence they deserve.
She said it has been challenging for the past three years trying to fight for justice for Sam.
The state, through Advocate Nangamso Goloda, closed its case after leading evidence through its witnesses who testified on incidents leading to Sam's death.
Judge Frances Reid postponed the matter to Friday, 8 March.
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