Durban — An accused who claims to have left the home of a murdered Chatsworth pensioner as soon the robbery unfolded said he did not get help for the woman and her daughter because he did not want to be blamed and called a snitch when the other three assailants were arrested.
In 2020 Jinsee Ram, who was 73 at the time, was strangled to death during a robbery at her Khawarstan home, her daughter Sangetha Prithipaul was assaulted where her head was banged repeatedly on the ground, and lost consciousness at some stage.
Bheki Msomi is on trial in the Durban High Court charged with Ram’s murder and Prithipaul’s attempted murder as well as robbery with aggravating circumstances.
It’s alleged that Msomi entered the Ram home with three other assailants, Simphiwe Cele, Mthethunzima ‘Stars’ Mpepho and Luvo Mtshezane.
Cele who was employed by the Ram family was deemed unfit to stand trial and remains at a state psychiatric hospital, Mpepho who was arrested by police is a section 204 State witness and Mtshezane subsequently died after having been on the run.
After leading evidence on the stand on Monday, Msomi’s cross-examination by the State began on Tuesday.
In his evidence in chief, Msomi had told the court he did not know that they were going to commit a robbery at the Ram home which was why he left after Prithipaul was attacked, had her hands bound and mouth gagged with sellotape.
In court Senior State Advocate Khatija Essack asked Msomi to take the court through the attack that was meted on Prithipaul as he had witnessed it.
She asked him how seeing the attack made him feel and what his reaction to it was, as well as why he had not gone to get help after seeing that a robbery was in progress.
Msomi’s reply was that he did not report what he had witnessed as he did not want to seem like he was going against or disobeying the others.
“You say you didn't want to disobey them, why did you leave? Did you not think that leaving and not assisting would be disobeying them,” asked Essack.
Msomi said that the attack on Prithipaul did not sit well with him…I was surprised by their behaviour, I saw them drawing a knife, and the lady was tied up on the floor. I did not shout at them or try to stop them. I was unable to do that because they were already scattered with only one person next to me and the others already inside the house. The complainant was laying next to us, I didn’t try to help her. The thought came to me but then again I released I’d create enemies, it would be like I am now disobeying them,” said Msomi.
He also explained that he left the house because he had not been prior warned of the robbery.
“I left because I was not going to do what they wanted me to do.”
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