Durban - Young people who committed barbaric and despicable acts of violence against innocent and defenceless members of society should not expect a lighter sentence by claiming to rely on their relative youthfulness and immaturity.
Judge Rishi Seegobin made the comments in a reserved judgment handed down in the Pietermaritzburg High Court on Thursday, in turning down the appeal of Lindokuhle Khoza, one of three men who had killed Ekard Schutte, 76, his wife, Elizabeth, 66, and their son, Lutz, 33, at their farm in Richmond in March 2014.
Khoza and his accomplices were all given life sentences for the murder, 15 years for aggravated robbery and five for being in possession of an unlicensed firearm. Khoza was granted leave to appeal because he was under 18 when the murder took place.
After killing Schutte in his shed, the men went into the main house. Elizabeth was not there, so they waited for her to return and open the safe. She arrived with Lutz, whom she had just fetched from the airport. He was hoping to celebrate his dad’s birthday the next day, but was viciously attacked and murdered.
Elizabeth was then killed.
Each family member was stabbed repeatedly, their throats were slit and they were doused with petrol and set alight.
Judge Seegobin said a feature of the attack was that the victims were completely defenceless. They put up no resistance and the murders were committed in a cold-blooded, callous manner.
He said the trial judge had correctly pointed out that after they had killed Ekard, they had had time to reflect. Instead, they chose to continue killing.
Even after Elizabeth had opened the safe, they thought nothing of stabbing her and slitting her throat.
He said the judge had given the correct sentence.
“While he knew he was dealing with a young offender, he could not ignore the vicious and heinous nature of the offences committed and the interests of society.”
He added that the court correctly found that Khoza’s youthfulness was offset by the sheer viciousness of the attack on the Schuttes.
Judge Seegobin said the offences were referred to as farm killings. This was because the country was facing a crisis of alarming proportions in respect of the senseless killing of farmers, their family members and in some cases their employees.
The accompanying violence with which the offences were committed filled society with anger and outrage.
“Given the heinous nature of the offences, I do not consider the sentences imposed by the trial court are either unduly harsh or shockingly inappropriate.”
The Mercury