Three guilty of murder in Seaview robbery

THE Port Elizabeth High Court was packed with northern areas residents yesterday as three suspected gangsters were convicted of murdering one of their own.

Cedric Johnson, Rodwell “Boef” Peters and Oscar Alexander will be sentenced today for their involvement in the 2013 murder of suspected fellow Upstand Dogs member Allan de Sousa.

Although neither Johnson, 30, Peters, 33, nor Alexander, 34, pulled the trigger in the fatal shooting of De Sousa during a house robbery, Judge Glenn Goosen found that in making a joint decision to rob a home while armed with a firearm, they foresaw the possibility that someone could be shot.

The men broke into the Seaview home of Adel van Rensburg on June 1 2013.

They threatened her with a firearm, tied her up and ransacked her home.

Van Rensburg managed to press the silent panic button, alerting Nitrous Security. A shootout occurred between security guard Themba Kubashe and the accused, resulting in the death of De Sousa.

In a three-hour judgment yesterday, Goosen said Van Rensburg’s testimony was corroborated by Kubashe’s evidence.

He found them both to be reliable, honest witnesses who gave clear accounts of what happened that night.

While Peters and Alexander denied entering Van Rensburg’s house – they claimed they had been invited there for a party but had not yet gone inside – Johnson placed himself and De Sousa inside.

Goosen said Van Rensburg maintained that four men had entered her home through her garage and held her up.

He said the testimony of Kubashe and Van Rensburg, and the fact that De Sousa’s body was discovered in the bushes behind the home, totally destroyed the accused’s versions.

Goosen said Alexander had been found in possession of a gold bangle which Van Rensburg said was removed from her arm after she had been tied up.

Peters’s fingerprint was found on Van Rensburg’s cellphone.

Goosen said this proved they had not only been inside the house, but part of the robbery.

He said the testimony of Section 204 witness Ryno Botha, although treated with caution, was reliable enough to show the motive had been to rob Van Rensburg.

The defence’s submissions that the accused could not have anticipated Van Rensburg’s home being linked to armed response held no water.

“Homeowners try to block out criminals because of the scourge of robberies,” Goosen said.

“Common sense suggests people who take a firearm to a robbery anticipate that it may be used.

“They must have foreseen that either one of their own or the victim could be shot.”

All three accused were found guilty of murder dolus eventualis (murder with intent), housebreaking with intent to rob and robbery, and kidnapping.

Johnson was also found guilty of the illegal possession of a firearm.

Goosen acquitted Johnson and Peters on the charge of conspiracy to commit murder.

The state claimed Johnson had escaped from custody at the Kabega Park holding cells following their arrest in an attempt to kill Van Rensburg and stop her from testifying.

However, Goosen found there was not enough evidence to prove he had escaped to kill Van Rensburg.