Hlompho murder: Suspects denied bail

Update

GEORGE NEWS - Delivering his judgement in the bail application of the three suspects who stand accused of murdering Hlompho Mohapi (25), Magistrate Philip Mgwebile described the killing as one of the most brutal murders he has encountered. He said that the suspects are heartless and deserve to be kept in jail for the rest of their lives.

All three the suspects, Melisizwe Monqo, his fiancée Siphosihle Pamba and co-accused Phumlani Qusheka were denied bail in the George Magistrate's Court on Friday 31 August.

Evidence presented in court during the bail application suggest that the motive of the murder was greed, as the suspects would benefit from Mohapi's death since accused number 1 (Monqo) and 2 (Phamba) had taken out life insurances on her name amounting to over R3-million.

Mgwebile said the body of Mohapi was displayed in an open space so that it would be found. "Once it was found it would be easy for him, her or them, allegedly to claim the insurance. After her body was found on 11 July he (Monqo) contacted different insurance companies claiming sums of about R3-million, R100 00 as well as R50 000. Bear in mind, these are allegations; it is worth mentioning that the trial court will prove whether the accused are guilty or not. However, so far the evidence is pointing to all these accused."

He said the murder was premeditated and all three played a part in the murder. He added that blood stains found on Qhuseka's clothes at the time of his arrest matched that of the deceased and the cellphone of the deceased was found in his possession.

The three suspects in court are, from left: Melisizwe Monqo, his fiancée Siphosihle Pamba and co-accused Phumlani Qusheka. Photo: Sphiwe Hobasi, SABC reporter

According to his analysis, accused number 2 (Phamba) is the mastermind behind all these alleged actions.

"The circumstances in which the cellphone was found are sinister. When he (Qusheka) realised the taxi he was a passenger in was being followed by the police, he contacted his co-accused, informing him or her that 'I am being followed by the police'. What is sinister about a quantum or taxi being followed by the police? There is absolutely nothing sinister - but the guilty are afraid."

Mqwebile had considered the following factors when he considered bail:

They had taken out life insurance in Mohapi's name without her knowledge;
Accused no 2 impersonated her voice when taking out the insurance;
They had called Mohapi for a fake job interview;
They had a nurse drawing Mohapi's blood for an HIV test, supposedly for the job application;
Accused no 1 had hired a vehicle, and blood stains were found in this vehicle;
Accused no 3, who the court believes was the hitman, was fetched from his home in the Eastern Cape;
Accused no 3 was in possession of the cellphone of the deceased;
The DNA of blood found on the clothing of accused no 3 matched that of Mohapi;
Accused number 1 and 2 have taken out life policies on other people without their knowledge, as in the case of Mohapi.

Accused number 1 first lied about his name when first meeting the investigation officer.

"So there's only one reasonable inference that can be drawn from all these factors. I reiterate that the murder of the deceased was orchestrated and effected by all three accused before the court," said Mgwebile.

"The deceased was stabbed about seven times on the left side of her chest but notwithstanding, her soul didn't yield, her soul didn't give up. When they realised that her soul doesn't want to give up, they decided to slit her throat to make sure that she is dead. That shows the nature and gravity of their cause. She was killed in a brutal and inhumane way as if an animal is being killed - only because of one reason and that is greed," said Mgwebile.

Speaking to the media outside court, Hlompho Mohapi's mother, Patricia Koloi, said she is happy that the suspects have been denied bail. She thanked the community of George for their support in this difficult time.

Mgwebile referred to section 60 (4) of the Criminal Procedure Act [3], which reads that "the interests of justice do not permit the release from detention of an accused where one or more of the following grounds are established: Where there is the likelihood that the accused, if released on bail, will endanger the safety of the public or any particular person or will commit certain offences".

He said the three are indeed likely to endanger the safety of others, as they are capable of doing anything for money and can't be trusted. He stated that all the witnesses are known to the suspects and that their lives might also be in danger if the accused were released on bail. He said the only person who is not in danger is a family member of accused number 2, who is a beneficiary of a R5,5-million life policy taken out on the name of one of the witnesses.

Mgwebile also painted a picture of how brutally the deceased was killed on Thursday 5 July before her body was found in Herold's Bay on a gravel road near Voëlklip.

All three the suspects, Melisizwe Monqo, his fiancée Siphosihle Pamba and co-accused Phumlani Qusheka were denied bail in the George Magistrate's Court on Friday 31 August.

Mgwebile said there's no doubt in his mind that if the accused are convicted by the trial court, a life imprisonment sentence will likely be imposed.

The court also considered the petition handed in by the community. "The community of Thembalethu in particular and George at large are up in arms, saying in unison that the accused must not be granted bail."

He said this has shocked the community and that the three are a danger to society and therefore the state has a constitutional duty to protect society. The case was postponed to Tuesday 30 October for further investigation.

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