Two men convicted in Uwe Gemballa killing lose fresh bid for freedom

Two men convicted in the killing of German luxury car specialist Uwe Gemballa have failed in a fresh legal bid to be freed, a court ruling confirmed.

Who was convicted

Thabo Mohapi and Garlond Holworthy were convicted in November 2015 on charges of kidnapping, murder and theft in connection with Gemballa’s death. Their co-accused, Thabiso Mpye, entered a plea agreement with the State, admitted to the crime and was sentenced before the trial of Mohapi and Holworthy.

What the courts decided

The pair were sentenced to an effective 25 years’ imprisonment. The sentence was structured as five years for kidnapping, 25 years for murder and two years for theft, with the sentences ordered to be served concurrently in terms of the Criminal Procedure Act.

In Mohapi’s case, 10 years of the 25-year sentence imposed in respect of the murder conviction were ordered to be served concurrently with earlier sentences imposed on him.

The appeal challenge

In their appeal, Mohapi and Holworthy argued the trial court had erred by relying on identification evidence from cameras at OR Tambo International Airport. The appellants also continued to assert their innocence.

The Gauteng High Court, Johannesburg rejected the appellants’ challenge, finding the State had proved its case. The court concluded that the cell phone number used during the crime belonged to Mohapi and that cell phone records placed the accused within the OR Tambo terminal and in the vicinity of locations where Gemballa was held.

What the evidence showed

The court found that:

• Cellphone records linked Mohapi to a number used in the commission of the crime and placed both Mohapi and Holworthy in the OR Tambo terminal on the night Gemballa was kidnapped.
• Both accused were placed in Edenvale, near the house where Gemballa was held, and later returned to Midrand while speaking to one another by phone.

The court said that, given the prima facie case against Mohapi and Holworthy and the absence of any version that could gainsay the State’s evidence, no other reasonable inference could be drawn than that the two had kidnapped Gemballa, taken him to Edenvale, killed him and buried him in a shallow grave.

Background to the death

Uwe Gemballa, founder of Gemballa Automobiletechnik, arrived in South Africa in February 2010. His body was found buried in Wesfort cemetery in Atteridgeville, Tshwane in September 2010. In the trial record his death was declared undetermined and the three accused closed their cases and did not testify.

“In light of the strong prima facie case against the appellants … the court a quo correctly found them guilty as charged,” the Gauteng High Court said.

The accused remain convicted and serving their sentences.