The kidnapping, rape and murder of six-year-old Michaela Garoenisha Ganchi was not a serious enough case for a life sentence to apply, the Johannesburg High Court heard on Thursday.
Ronald Ambrose Jones (27) was found guilty of kidnapping, two counts of indecent assault, rape and murder for the 2005 killing.
In mitigation of sentencing on Thursday, defence attorney Mpho Milubi said while the crime was a ”heinous one”, there were others that were ”more serious”.
A ripple of disgust at his argument came from where the victim’s family sat in the courtroom. ”You are talking nonsense,” Michaela’s grandfather, Peter Lee, blurted out angrily from the public gallery.
Judge Winston Msimeki asked Milubi whether he did not think the present case was not ”crying out” for a severe sentence.
”Cast your mind … look at the kind of photos the court had to contend with,” he said, referring to photographs of the victim submitted as evidence.
State prosecutor Paul Nel countered Milubi’s argument, saying: ”If that isn’t one of the most serious offences … then what is?”
Milubi listed other ”substantial and compelling” factors that he asked the court to take into account when handing down sentence.
Nel called for life imprisonment, while Milubi recommended 25 years of jail time in total.
The judge described handing down a sentence as ”the most difficult aspect” and postponed the sentencing until June 6. — Sapa