THE three men accused of kidnapping and murdering socialite Sam Mbatha were found guilty on all six charges.
The trio appeared in the High Court, North West Division sitting in the Ga-Rankuwa Regional Court on Monday, 25 March.
Thato Mosetlha (22), Arthur Khoza (19) and Mahlatsi Nkuna (21) were found guilty of robbery with aggravating circumstances, kidnapping, murder, malicious damage to property and defeating the ends of justice.
Sam, who was a member of the LGBTQ+ community, was found dead in the boot of a burnt Hyundai i20 vehicle at a soccer field in Ikageng section, Klipgat in 2021.
This after police investigations led them to a house in the Phutha section, Klipgat on Monday, 21 June 2021.
The court heard the house which belonged to accused number three, Mosetlha, was searched and bloodstains were found on the floor, under and on top of a bed as well on the carpet.
Furthermore, an axe suspected to have been used during the commission of this crime was found on top of the roof of the house and DNA samples positively identified Sam as the dead person.
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The court heard all three accused made admissions and stated what happened on that fateful day. Khoza and Nkuna told the court they were threatened with a knife by Mosetlha if they told anyone after discovering the body of Sam.
The court heard Khoza and Nkuna took part in assisting Mosetlha by loading the unconscious body of Sam to the boot of the car.
The court further heard Mosetlha admitted to having sexual engagements before hitting Sam with an axe twice on his head while he was asleep. After realising that Sam was unconscious, he then tied his hands with shoelaces and covered the body with a duvet before he could approach Khoza and Nkuna for help to move the body.
Handing down the judgment, Judge Frances Reid told the court that all three accused were guilty on all charges. She said Khoza and Nkuna took part in the incident as they helped Mosetlha to load the body into the vehicle. She said it was impossible for them to wait and watch things unfold without them lending a hand.
Judge Reid moved the matter to 25 and 26 July for the sentencing process to be finalised.
Sam's family member, Cornelius Mbatha, said they were a bit relieved now that the accused were all found guilty.
He said this gives them hope that justice will be served. He said it hasn't been easy for the whole family and that they will wait patiently wait for the final sentencing in July. The bail for Nkuna and Khoza has been revoked, and they were sent back into custody.
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