3 December 2008
Najwa Petersen's Murder Conviction in the Cape High Court Proved Bittersweet for Several Trial Followers Who, While Relieved At the Verdict, Expressed Their Sympathies to Both Families.
For some it was a case of justice well served but others could not help sharing the heartache of the families of Najwa and her co-accused.
After Judge Siraj Desai completed his judgment yesterday, people outside the court expressed conflicting views, with some people feeling sorry for Najwa Petersen and some saying she and her co-accused got what they deserved.
Some followers of the trial cheered as investigating officers left the courtroom.
"We would like to say thanks to the investigating officers for the job well done and I wish all cases would end this way," said Farieda Hendricks.
She said she was glad that it was finally over and declared the outcome "fair justice".
"There is no evidence of who pulled the trigger so all of those found guilty must ride the same horse," she said.
Joseie Rusdien felt "justice has been served" but felt sorry for Petersen's children.
"As a mother myself, I feel very sorry for her children because they don't deserve what they are going through and what they are still going to go through," said Rusdien.
"Both families were suffering and I am happy that it has finally come to an end."
Miriam Holland said she felt sorry for Petersen.
"She is a lady, I am a lady and no lady wants to be in jail."
She said although she felt sorry for Najwa, she was satisfied with the decision.
Holland said all evidence presented in court "pointed" to Petersen as the "mastermind". "Everyone who is found guilty of any crime should be given a suitable sentence for the crime he or she committed."
Others said the verdict had renewed their faith in the justice system.
"Anyone could see she was guilty. It was all there. The courts just had to say so first," said Waseema Hercules of Mitchells Plain.
Kai Graca, 28, said: "The judge made a good decision. Everyone knew she was guilty from the start. Her sentence should be harsh. And other criminals should use this as an example."
Heinricht Speelman, 33, said justice was served.
"What that woman did was terrible. How can someone do that to a person they love? But that is greed for you, it makes you evil and she is evil."
Waseema Hercules, 26, said Najwa deserved to rot in jail.
"I knew she was guilty from the start, the whole world did. The writing was on the wall. She deserves what's coming her way, whatever that may be. I say she should rot in jail."
Nicole Riddles, 19, said it was "good to know there was still justice in this world".
"Everyone has been waiting for this day for two years. From the beginning it was obvious she was involved. It's appalling how anyone could do such a thing."
Linlee Adonis, 20, said he now had more faith in the justice system. "She is guilty and should be punished, she should get life.
"This verdict was long overdue but has made the whole of Cape Town very happy."
Joshua Nelani, 42, said Najwa should "pay for what she has done". "This decision was very good. This woman did a bad thing. I hope they put her away for a long time."
Meanwhile the fortress- style home the Petersen's shared in Grasmere Street in Athlone was yesterday tightly secured, windows shut and blinds drawn.
Some neighbours indicated that they had not seen anyone pass through the gates in weeks.
"It's dead over there, sometimes you see a maid busy, but that's all. The verdict was good and I am very happy. Now we will have to wait and see how long she is going to get," said a neighbour who declined to be named.
Another, said "what's done is done" but added the verdict was important to the family so that everyone could move on with their lives.
"We can't turn back the clock, it's done with. People just have to start dealing with it all now," another neighbour said.
Taliep Petersen's longtime friend and colleague, David Kramer, declined to speak to the Cape Argus.
The full judgment:
Republic of South Africa
IN THE HIGH COURT OF SOUTH AFRICA
(Cape of Good Hope Provincial Division)
Criminal Case No: 02/08
In the matter between
NAJWA PETERSEN Accused 1
ABDOER RAASIET EMJEDI Accused 2
WALLEED HASSEN Accused 3
JEFFERSON TION SNYDERS Accused 4
and
THE STATE Respondent
JUDGMENT DELIVERED on 1 December 2008
DESAI J:
1. This case relates to the untimely and brutal death of music icon Abdul Mutaliep Petersen, better known as Taliep Petersen. The first accused was his wife. The other three accused are men she allegedly solicited to assist in causing her husband's death.
2. The court's assessors are Mr D Du T Marais, a retired magistrate, and Ms J J Thaysen, a practising advocate at the local bar.
3. The accused appeared before us on five different charges. The first charge is one of murder, it being alleged that on 16 December 2006 and at Athlone here in the Cape the accused unlawfully and intentionally either killed the deceased by shooting him with a firearm or facilitated the plan to do so. There is an alternative to this charge, namely a conspiracy to commit the aforementioned offence. The second and third charges arise from the firearm used in the incident. The accused are charged with being in unlawful possession of the firearm and ammunition. Counts four and five are charges of robbery with aggravating circumstances. It is alleged that threats of violence, and the firearm, were used to rob Achmat Gamieldien and his wife Insaaf. The various items stolen are specified in the indictment. I may mention at this stage that Achmat Gamieldien is Accused No. 1's son from an earlier marriage.
4. Accused No. 1, the 46 year old Ms Najwa Petersen, or Ms Najwa Dirk as she elects to be called, was represented by different counsel at various stages of the trial. She was initially represented by Mr C Webster SC in the Magistrate's Court and then by Mr H Raubenheimer SC. When the trial commenced before us, Mr Raubenheimer withdrew as her counsel. He was succeeded by Mr K P C O von Lieres und Wilkau SC who in turn was replaced by Mr J Engelbrecht SC. On at least two occasions these changes of counsel resulted in the matter being delayed for several weeks.
5. Accused No. 2, the 42 year old Abdoer Raasiet Emjedi, Accused No. 3, the 35 year old Walleed Hassen and Accused No. 4, the 31 year old Jefferson Tion Snyders were represented throughout the trial by advocates L Abrahams, P Scott and R Konstabel respectively.
6. The accused pleaded not guilty to all the charges. They elected to exercise their right to silence and accordingly did not furnish any plea explanation. Certain formal admissions were, however, made shortly thereafter. For instance, Dr S Potelwa's post-mortem report was handed up in evidence and the parties were in agreement that the cause of death as determined during the post-mortem examination and recorded in the report is correct. Photographs of the deceased's body, photographs and a plan of the place where the crime was committed, the record of a bail application by Accused No. 1 before Mr Robert Henney in the Wynberg Regional Court and certain cell phone records were also made available to the Court with the consent of the accused.
Be the first to Write a Comment!
AllAfrica aggregates and indexes content from over 125 African news organizations, plus more than 200 other sources, who are responsible for their own reporting and views. Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica.