Justice for Uncle Ash

Durban - Kemraj “Uncle Ash” Balgobin, 57, died in the lap of a disabled girl, his last words asking if the children on his bus were safe.

These heartbreaking details emerged during evidence in the trial of four men found guilty on Tuesdayof murdering him in an attempted hijacking outside a pupil’s home in Avoca Hills on January 19, 2012.

The Phoenix grandfather had bought the Mercedes bus when he retired. When he died he was loading disabled children, to take them to the AB Moolla Spes Nova School for the Disabled in Phoenix.

Five children and helper Beryl Khoza were on the bus and a child had just handed her walking aid to Khoza when Balgobin was attacked.

Durban High Court Judge Sharmaine Balton completed her judgment on Tuesday and was expected to hear arguments for sentencing today.

In addition to being found guilty, Thobani Khwela, S’thembiso Mthethwa, Njabulo Mthethwa and Sanele Mayisela were found guilty of robbery with aggravating circumstances.

Khwela was also found guilty of unlawfully possessing of a firearm and ammunition.

In her judgment, Balton found the State witnesses to be impressive compared to the four accused, whom she referred to as “unimpressive”, “arrogant” and “evasive”, who “embellished” their testimony.

Khoza testified that when the bus stopped at the driveway to the pupil’s house and she was helping the pupil on board, Balgobin frantically shouted to her to close the sliding doors.

She turned around to see two men putting their hands through the driver’s window as they stood outside, while Balgobin tried to close the window.

As she held on to the door she heard a gunshot. She released the door and heard another gunshot.

She jumped off the bus and bumped into one of the accused who pushed her aside. She ran to get help and returned a few minutes later to find two paraplegic girls were still seated in the bus. Khoza said Balgobin was lying across the lap of one of the girls.

“She (Khoza) saw blood and spoke to him. He enquired if she and the children were all right and she said ‘yes’. He then coughed and went silent,” read the judgment.

The pupil whom Balgobin had come to fetch also testified. She told the court that when she boarded the bus, the men went to the driver’s door. She said the men were fighting with the driver who told them he was transporting children to a school for the disabled.

“One of the men screamed that the driver should come out of the bus, but he refused. She then heard a gunshot, followed by another. The children started screaming. Two of the men came to the sliding door and pulled a boy off the bus and pulled the assistant, Beryl’s bag, the pupil said.

Cordelia Vilakazi, an Avoca Hills resident, testified to seeing all four men at the bus stop before the bus arrived and that she had recognised Njabulo Mthethwa.

She had continued with her chores until she heard the gunshots and witnessed the incident. The woman identified the accused at an identity parade and in court.

Investigating officer warrant officer Rajen Nagesar, of the provincial task team, testified that Mayisela’s sister was found with Khoza’s stolen cellphone.

Balgobin’s wallet and its contents were found in Njabulo’s possession.

The Mthethwas had been found guilty of robbery with aggravating circumstances for an incident in October 2011 and S’thembiso Mthethwa had been found guilty of attempted murder for an incident in August 2011.

The spent cartridges found at the scene in the 2011 incident and those found at the scene in 2012, were sent for ballistic testing where it was found that the same firearm had been used in the murder.

S’thembiso was the common denominator and had fired the fatal shots in 2012.

During the four men’s arrest soon after the murder, a bag containing a USB device was found. Nagesar had checked the contents of the flash drive and found a scan of Avoca Hills resident Lugasen Naicker’s identity document.

Naicker had testified that he was robbed in his driveway in October 2011 and had identified the Mthethwas as the robbers.

Balgobin’s wife, Chandani, has since relocated to Pretoria to live with her daughter and her family.

His family were expected to be in court today and were hoping the sentences would help give them closure.

Speaking to the Daily News on Tuesday, Balgobin’s son-in-law, Sooraj Panday, said they were thrilled with the guilty verdict.

“While this doesn’t bring him back, we at least know the men responsible for his death will spend time in jail. Justice has been served.

“In the past week, knowing judgment was going to be handed down, memories of that day have come flooding back. We all have been affected by what happened, including my son, Trishul, now 8 years old,” Panday said.

Only Panday and Balgobin’s nephew, Vidhan Maharaj, were in court a few days during the trial. Maharaj had also testified in court, saying he had identified his uncle’s gun found in Khwela’s possession when he was arrested by members of the Provincial Task Team.

Panday said the family were grateful to the prosecutor, senior advocate Cheryl Naidu, and the investigating officer, Nagesar, for all their hard work.