Two men convicted of killing German luxury car dealer Uwe Gemballa have lost another attempt to secure their freedom.
Thabo Mohapi and Garlond Holworthy were convicted for Gemballa’s murder, but have continued to maintain their innocence.
Gemballa, a supercar conversion specialist, arrived in South Africa in February 2010. His body was found months later, buried at Wesfort cemetery in Atteridgeville, Tshwane, in September 2010.
The case drew major attention because Gemballa was linked to Czech fugitive Radovan Krejčíř.
According to the court record, Mohapi and Holworthy intercepted Gemballa at OR Tambo International Airport before he was kidnapped and killed.
Sentenced to 25 years
Mohapi and Holworthy were charged with kidnapping, murder and theft.
Their co-accused, Thabiso Mpye, entered into a plea agreement with the State. He admitted to the crime and was sentenced before the trial began.
In November 2015, Mohapi and Holworthy were convicted on all charges. They were sentenced to an effective 25 years in direct imprisonment.
The court sentenced them to five years for kidnapping, 25 years for murder and two years for theft. The sentences were ordered to run concurrently.
For Mohapi, the high court ordered that 10 years of the 25-year murder sentence run at the same time as earlier sentences imposed in June 2012 and November 2013.
Appeal challenged airport evidence
In their appeal, Mohapi and Holworthy argued that the trial court had wrongly relied on evidence identifying them on cameras at OR Tambo International Airport.
But the court found that the State had proved key parts of its case.
According to the judgment, cellphone records placed Mohapi at OR Tambo while he was communicating with his co-accused. The records also placed him near the Edenvale house where Gemballa was held before he returned to Midrand.
The court also found that Holworthy was at OR Tambo on the night Gemballa was kidnapped. It further found that he was near the Edenvale house before returning to Midrand while speaking to Mohapi.
Court says no other inference
The Gauteng High Court in Johannesburg ruled last week that the trial court had reached the correct conclusion.
“The court a quo correctly found that no other inference could be drawn but that the appellants kidnapped Gemballa, took him to Edenvale, killed him and buried him in a shallow grave,” the court said.
The court found that, in the absence of any version from Mohapi and Holworthy to counter the State’s case, their defence was not reasonably possibly true.