Shaun Oosthuizen and John du Plooy who were convicted of the murder of Barbara Fenton and found guilty of aggravated robbery on December 9 were sentenced on December 11.
The sentencing took place in the Gauteng Local Division of the High Court sitting in Palm Ridge Magistrate’s Court.
Oosthuizen received life imprisonment for his murder count and 25 years for the count of robbery with aggravating circumstances.
Du Plooy received life imprisonment for his murder count and 20 years jail time for the robbery with aggravating circumstances.
Accused take the stand
Sentencing proceedings started on the afternoon of December 9 with the two convicted having the opportunity to take the stand and give the court reasons to deviate from the prescribed minimum sentences for their crime.
Before they took the stand the judge warned that the court is strongly considering to impose a sentence higher than the prescribed minimum due to the severity of the crime, Oosthuizen’s previous convictions and the pair of convicted being out on bail when the crime was committed.
Oosthuizen took the stand first. In his testimony he revealed that he has been staying in Munsieville for six years, which he described as a white squatter camp.
He revealed that he has two children, one who is an adult and no longer in his care, and the other a four-year-old staying with his common law wife who is supported by a government grant.
Oosthuizen was not employed, but doing odd jobs as a mechanic making between R3 000 and R4 000 a month.
In cross-examination, Oosthuizen again denied having strangled the deceased, but admitted to him and du Plooy having been out on bail when the crime took place.
Oosthuizen apologised saying he is really sorry for what happened.
In du Plooy’s testimony he indicated that he has been living in Munsieville for around two years. He was not employed and worked with his fellow convicted friend as a mechanic making between R2 000 and R3 000 a month. Du Plooy has a child aged 10 who is living with the child’s mother who is not dependent on him.
In cross-examination Du Plooy again denied having strangled Fenton.
In his final plea for leniency du Plooy admitted to being HIV positive.
He apologised for his actions on September 1, 2018, stating that he never meant for the lady to die.
ALSO READ: Shaun Oosthuizen and John du Plooy found guilty of the murder of Barbara Fenton
State witnesses’ case for harshest sentence
Fenton’s son-in-law, the man who originally discovered the body following the incident, testified on behalf of the of the family of the deceased regarding how the passing of the deceased affected their family.
According to him the impact of losing their mother, grandmother and great grandmother had a severe and far-reaching effect on the family.
He stated that Fenton was part of what held the family together and visiting and spending time with her was also a large part of their lives, which they are no longer able to do.
He further said that the children in the family feel the loss of their great-grandmother badly and do not understand why she is gone. He asked that the court assign the highest possible sentence to the convicted.
The investigating officer in the Nelspruit case, Lt Col Erhard Ströh, took to the stand to testify regarding the bail the convicted received in the Nelspruit case, which is yet to conclude.
According to Ströh the convicted were out on bail when the murder of Fenton took place.
The case they were on bail for features similar charges to those they have been convicted of, being a murder of a 75-year-old lady and a robbery charge.
Du Plooy regretful
Following the testimonies by the witnesses, du Plooy raised his hand from the bench and requested to apologise directly to the family of the deceased, saying he is truly sorry for what happened.
Oosthuizen followed suit.
Du Plooy’s mother cried out from the gallery “please forgive him.” The family of the deceased then went to comfort her.
Coldblooded and callous
The judge delivered his sentence on December 11.
In his sentencing he described the actions of the convicted as coldblooded and callous.
He described them as having a flagrant disregard for the value of human life.
In his sentencing the judge took into account the several theft convictions against Oosthuizen, which in the latest convictions increased in severity to house break-ins.
He further took into account the disregard for the authority of the court shown by them committing a crime while out on bail.
Further he considered that the violence was committed against an elderly lady, and the propensity of violence against women in South Africa noting that the 16 Days of Activism has recently ended.
Oosthuizen was sentenced to life imprisonment and a further 25 years and du Plooy to life imprisonment and a further 20 years.
The defence applied for leave to appeal, but was denied due to the judge finding that a different court would come to the same conclusion regarding the sentencing.
The family of the deceased were elated by the sentence delivered on the two murders stating their satisfaction that justice has been done.
Oosthuizen and du Plooy are to appear in two further court cases, one in Springs at the end of January, 2020 and one in Nelspruit in October, 2020.
ALSO READ:
Fenton murder trial postponed to December 2
John du Plooy and Shaun Oosthuizen plead not guilty to murder
