{"id":31568,"date":"2015-07-15T00:00:00","date_gmt":"2015-07-14T22:00:00","guid":{"rendered":"http:\/\/echonews.sites.caxton.co.za\/31568\/bey-bey-brothers-in-crime\/"},"modified":"2015-07-15T16:50:24","modified_gmt":"2015-07-15T14:50:24","slug":"bey-bey-brothers-in-crime","status":"publish","type":"post","link":"https:\/\/develop.citizen.co.za\/middelburg-observer\/news-headlines\/2015\/07\/15\/bey-bey-brothers-in-crime\/","title":{"rendered":"Update: Bey bey brothers in crime"},"content":{"rendered":"

On Tuesday, the court heard a score on why the three convicted murderers – Bongani Joseph Ncongwane, Irvin Brown Nkosi, and Sibusiso Charles Sibanyoni – of Mr Rudolph \u201cKoffie\u201d van Heerden and his wife Elna, should not be sent to prison for life.<\/p>\n

The court was told about Ncongwane\u2019s four-year old son, his drug addiction and previous conviction for dagga possession, house-breaking,<\/a> theft and assault.<\/p>\n

Ncongwane, unlike his two co-accused, showed true remorse for his part in the murders, by admitting to his involvement, and the involvement of Brown and Sibanyoni, whom late judge Depoleon Tshabalala branded \u201cliars, liars, liars\u201d.<\/p>\n

Ncongwane was demeaned to a weak character by his advocate, Ms Elana Erasmus who, said that Brown instigated the tragic events which led to the cruel strangulation and suffocation of the elderly couple.<\/p>\n

Mr Van Heerden who, by all accounts was a tall and burly man, was placed on top of his wife in the fridge.<\/p>\n

The couple were however also strangled, Mr Van Heerden with his wife\u2019s bra, and Mrs van Heerden with her nightgown\u2019s belt, before they were dumped in the fridge.<\/p>\n

Ncongwane testified that because of Mr Van Heerden\u2019s size, he struggled to fit, and Nkosi proceeded to kick his head into the fridge before locking the couple inside.<\/p>\n

Nkosi, who\u2019ve been exceptionally arrogant throughout the trial, on Monday told a court orderly that he felt no remorse for the murders, despite his council arguing that his pointing out, and consequent confession – the admissibility of which he contested in the trial within a trial – was sufficient evidence that he did.<\/p>\n

During the trial, Nkosi flirted with a female reporter and other females in the gallery and, when Ncongwane testified, Nkosi told a translator that he was \u201cgoing to suffocate Ncongwane\u2019s advocate too\u201d.<\/p>\n

His deviant nature was reduced to \u201cimmaturity\u201d by his council, who argued that, due to this nature, he cannot be held optimally responsible for the brutal killings.<\/p>\n

Nkosi only finished Grade 3, and became embroiled with crime and drugs at a very early age, as young as 11-years old, the court was told.<\/p>\n

He has three pending cases against him, in Middelburg, Belfast and Carolina<\/a>, the latter being very similar to the Belfast fridge murder case, where a family was held at gunpoint and robbed, and also had their vehicle stolen.<\/p>\n

Mr Van Heerden\u2019s gun, stolen on the morning of the murders by Nkosi, was used in the bloody Carolina attack.<\/p>\n

Nkosi was arrested for the murders in Mamelodi, during a shootout with police, in which he also used Mr Van Heerden\u2019s gun.<\/p>\n

On Wednesday he repeatedly yelled \u201cf*** you!\u201d to the Observer journalist in court.<\/a><\/p>\n

Not much could be argued in mitigation of Sibanyoni\u2019s sentence<\/a>. He finished his matric and was the eldest of the three when the crimes were committed. He also has a 10-year old daughter.<\/p>\n

Sibanyoni has also not shown an ounce of remorse for his role in the murders.<\/a><\/p>\n

The state argued that all three must be punished to the maximum extent of the law.<\/p>\n

\u201cIn stead of the prescribed 15-years for house-breaking with intent, the court must sentence them to at least 20-years,\u201d prosecutor Erik van der Merwe said. He asked for life sentences on the two counts of murder, for all three.<\/p>\n

Nkosi was furthermore found guilty on the possession of an illegal firearm, as well as possession of illegal ammunition.<\/p>\n

Sibanyoni was also found guilty on the possession of an illegal firearm, also belonging to the Van Heerdens.<\/p>\n

Mr Van der Merwe said that the Van Heerdens died in the most undignified and cruel way possible, and that this aggravating factor alone, outweighed any mitigating circumstances presented to court.<\/p>\n

Judge Fritz van Oosten agreed with the state that neither Nkosi nor Sibanyoni could be rehabilitated. He however found that Ncongwane\u2019s cooperation in the investigation and trial, showed he had true remorse, and was therefore suited for rehabilitation, unlike his co-accused.<\/p>\n

Judge Fritz van Oosten on Wednesday sentenced the three convicted murderers in the controversial Belfast fridge murder case to the full extent of the law.<\/p>\n

Bongani Joseph Ncongwane, Irvin Brown Nkosi, and Sibusiso Charles Sibanyoni, were all three convicted of the murder of Mr Rudolph \u201cKoffie\u201d van Heerden, and his wife Elna, as well as housebreaking with intent. Nkosi and Sibanyoni was both additionally convicted on weapons and ammunition related charges.<\/p>\n

\u2022 Bongani Joseph Ncongwane (25) – 20-years<\/a> imprisonment on each count of murder, plus and additional 15-year sentence for housebreaking with the intent. His murder sentences are to be served concurrently with five years of the 15-year sentence for housebreaking with intent. He was jailed for an effective 30-years.<\/p>\n

\u2022 Irvin Brown Nkosi (21) – two life sentences<\/a> for each of the murders, including 15-years for housebreaking with intent, and an additional 3-years for the possession of an illegal firearm and ammunition. Immediately after the sentence was handed down, Nkosi\u2019s council applied for leave to appeal on the grounds of his immaturity and drug abuse. Leave for appeal was however denied by judge Fritz van Oosten.<\/p>\n

\u2022 Sibusiso Charles Sibanyoni (29) – two life sentences <\/a>for each of the murders, including 15-years for housebreaking with intent, and an additional 3-years for the possession of an illegal firearm, also belonging to the Van Heerdens.<\/p>\n

\u2022 Both Nkosi and Sibanyoni has a pending Carolina housebreaking case <\/a>against them, in which the guns stolen from the murdered van Heerden couple, was used merely a week or two following the murders.<\/p>\n