The sentences imposed on Czech fugitive Radovan Krejcir and the men convicted alongside him were lenient and did not need to be reconsidered.
This was the submission by prosecutor Louis Mashiane on Monday in the Johannesburg High Court as Krejcir and the five other men applied for leave to appeal against their criminal convictions and sentences.
Krejcir‚ businessman Desai Lupondo taxi boss Siboniso Miya‚ former Hawks Warrant Officers Samuel “Saddam” Maruping‚ Jeff Nthoroane and Lefu Jan Mofokeng were last year found guilty of crimes including kidnapping‚ assault‚ attempted dealing in drugs and attempted murder. The case related to the kidnapping and torture of Bheki Lukele in an attempt to draw his brother‚ who duped Krejcir out of R70 000 and a shipment of drugs‚ out of hiding.
Mashiane said the court had shown mercy to Krejcir and his co-accused when it handed down the sentences.
Krejcir and Lupondo were sentenced to 35 years imprisonment each while Miya‚ Maruping‚ Nthoroane and Mofokeng received 15 years each.
The advocate for Lupondo‚ Annelene van den Heever‚ said the constitutional rights of the accused were violated when the defence was denied access to certain cellphone data used as evidence during the trial.
Van den Heever also complained that she was not able to ffreely consult with Lupondo who was held at a prison in Limpopo.
Earlier‚ Krejcir’s newly appointed advocate‚ James Grant‚ argued that the appeal should be allowed because another court may come to a different conclusion in the case.
Advocate Johan Spangenberg‚ representing Miya‚ Nthoroane‚ Mofokeng and Maruping‚ said that there was no evidence that his clients had conspired to kidnap Lukele. He also said they had no intention to kill him because they needed him to answer their questions.
Mashiane‚ who asked the court to dismiss the application for leave to appeal‚ argued that Krejcir had wanted to kill Lukele when he poured boiling water over his head.
“The accused wanted to kill Lukele. But they didn’t want him to die immediately. We don’t need an expert to tell the court that boiling water can kill someone‚” Mashiane said.
After complaints from the accused about their treatment‚ Judge Colin Lamont ordered Mashiane to look into Krejcir getting medical assistance for his kidney condition and to ensure that the convicts‚ who had not eaten all day‚ received food.
The matter was postponed to Tuesday.
Krejcir and co-accused's sentences actually lenient‚ state says
The sentences imposed on Czech fugitive Radovan Krejcir and the men convicted alongside him were lenient and did not need to be reconsidered.
This was the submission by prosecutor Louis Mashiane on Monday in the Johannesburg High Court as Krejcir and the five other men applied for leave to appeal against their criminal convictions and sentences.
Krejcir‚ businessman Desai Lupondo taxi boss Siboniso Miya‚ former Hawks Warrant Officers Samuel “Saddam” Maruping‚ Jeff Nthoroane and Lefu Jan Mofokeng were last year found guilty of crimes including kidnapping‚ assault‚ attempted dealing in drugs and attempted murder. The case related to the kidnapping and torture of Bheki Lukele in an attempt to draw his brother‚ who duped Krejcir out of R70 000 and a shipment of drugs‚ out of hiding.
Mashiane said the court had shown mercy to Krejcir and his co-accused when it handed down the sentences.
Krejcir and Lupondo were sentenced to 35 years imprisonment each while Miya‚ Maruping‚ Nthoroane and Mofokeng received 15 years each.
The advocate for Lupondo‚ Annelene van den Heever‚ said the constitutional rights of the accused were violated when the defence was denied access to certain cellphone data used as evidence during the trial.
Van den Heever also complained that she was not able to ffreely consult with Lupondo who was held at a prison in Limpopo.
Earlier‚ Krejcir’s newly appointed advocate‚ James Grant‚ argued that the appeal should be allowed because another court may come to a different conclusion in the case.
Advocate Johan Spangenberg‚ representing Miya‚ Nthoroane‚ Mofokeng and Maruping‚ said that there was no evidence that his clients had conspired to kidnap Lukele. He also said they had no intention to kill him because they needed him to answer their questions.
Mashiane‚ who asked the court to dismiss the application for leave to appeal‚ argued that Krejcir had wanted to kill Lukele when he poured boiling water over his head.
“The accused wanted to kill Lukele. But they didn’t want him to die immediately. We don’t need an expert to tell the court that boiling water can kill someone‚” Mashiane said.
After complaints from the accused about their treatment‚ Judge Colin Lamont ordered Mashiane to look into Krejcir getting medical assistance for his kidney condition and to ensure that the convicts‚ who had not eaten all day‚ received food.
The matter was postponed to Tuesday.
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