Durban — The State and defence will today (Wednesday) argue the merits of the murder case of a Chatsworth pensioner – strangled during a home robbery – in the Durban High Court.
This, after a gruelling cross-examination of Bheki Msomi by senior State advocate Khatija Essack on Tuesday.
In 2020 Jinsee Ram, 73, was killed in her Khawarstan home. Her daughter Sangetha Prithipaul was assaulted and her head banged repeatedly on the ground; she lost consciousness at some stage.
Bheki Msomi is on trial for Ram’s murder and Prithipaul’s attempted murder.
It’s alleged Msomi entered the Ram home with Simphiwe Cele, Mthethunzima “Stars” Mpepho and Luvo Mtshezane. Cele, employed by the Ram family, was deemed unfit to stand trial and is now in a state psychiatric hospital.
Mpepho is a State witness and Mtshezane died while on the run. R80 000 was taken during the robbery plus a cellphone and laptop.
Msomi testified he had been lured from his homestead in Maphumulo to Chatsworth, Burlington, by Mtshezane who phoned about employment.
In his evidence-in-chief Msomi said that he waited on Mtshezane for about two to three days to be introduced to the man who had secured this employment that he had scant details about.
On the day he met the man, who was Cele, he was with the Mtshezane and Mpepho after meeting they went straight to the Ram home but he was not told that they would be carrying out a robbery.
He said Prithipaul was attacked by Mpepho who was wielding a knife. But Essack poked holes in Msomi’s testimony when compared to the explanations he had tendered under her questioning.
He had initially told the court that it had been three to two days after his arrival in Chatsworth that he met with Cele however under cross-examination he said it had been a week.
“When you arrived in Burlington, how many days after you arrived before you met Simphiwe. You see the version counsel put is that you had been in Burlington for two to three days before meeting Simphiwe, is your counsel aware that you were in Burlington for a week before meeting Simphiwe…Your version was that you did not enter the house but you stood by the entrance, that was the version put to Mpepho when he was testifying by your counsel and now you have said you entered the house and were at the passage where Prithipaul was attacked,” said Essack.
She said that previous evidence led in court by the arresting officer was that when they were at Msomi’s homestead the cell phone and laptop were found and Msomi had told the officer that those belonged to him.
Msomi denied that he had told that to the arresting officer to which Essack asked why that had not been disputed while the witness was on the stand.
“Both Mpepho and Prithipaul testified you banged her head repeatedly. Mpepho says you were part of the planning … and Cele killed the deceased in your presence. You removed the cellphone and laptop. The job in Burlington they called you for was the robbery.”
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