PORT ELIZABETH – The Provincial Commissioner, Lt Gen Liziwe Ntshinga welcomed the sentencing of two gang affiliates who were sentenced today (21/10) in the Port Elizabeth High court for the murder of Hakeem Baartman(2) and attempted murder of a 17-year-old teenager.
On 18 November 2017 at about 14:45, Hakeem Baartman was fatally injured while a 17-year-old teenager sustained a gunshot wound in the neck in Helenvale. The teenager was sitting on the steps of a house in Hartbees Street in Helenvale when Marshall Thomas (22) approached from an open field and started shooting at him. The victim ran into the street and Thomas continued firing at him. Little Baartman who was playing in the street was fatally struck by a stray bullet in the head. The shooting at the teenager was gang-related.
On Monday, 14 May 2018, the Provincial Organised Crime Investigation Unit (Gang Investigation) arrested Thomas at a tavern in Voissen Road in Gelvandale. Through further investigation, the second accused Maxwell Muller (22) was arrested on 4 February 2019 while still in custody for another murder and attempted murder case.
On 1 July 2019 both accused were convicted and on 21 October 2019 they were sentenced as follows:
Marshall Thomas: Murder – 15 years imprisonment
Attempted murder: 8 years imprisonment
Unlawful possession of a firearm: 15 years imprisonment
Unlawful possession of ammunition: 3 years imprisonment
Maxwell Muller: Willingly aiding and abetting any criminal activity committed for the benefit of; at the direction of; or in association with any criminal gang activity (in contravention of 9 (1)(a) read with section 1; 10 (2); 10 (3); 11 and schedule 1 of the Prevention of Organised Crime Act 121 of 1998) – 3 years imprisonment
Performs any act which is aimed at causing; bringing about; promoting or contributing towards a pattern of criminal gang activity (in contravention of section 9 (2)(a) read with sections 1; 10 (2); 10 (3); 11 and schedule 1 of the Prevention of Organised Crime Act 121 of 1998. – 3 years imprisonment
Accessory after the fact: 8 years imprisonment
Attempted murder: 8 years imprisonment
Unlawful possession of a firearm: 15 years
Unlawful possession of ammunition: 7 years imprisonment
Some of the sentences will run concurrently. Effectively both accused will serve an effective 25 years imprisonment.
Lt Gen Ntshinga complimented the investigating team and the prosecuting authority by reiterating that “it is our responsibility as law enforcers to protect the vulnerable in society and these responsibilities are taken seriously through thorough investigations, effective arrests and successful prosecutions. This is the first POCA gang conviction and sentence achieved in Nelson Mandela Bay Metro which shows that sentences such as these show that justice has been served on these callous criminals who are now removed from society”.