Ciggy hijacker refused leave to appeal 80-year sentence
THE East London Regional Court has rejected an appeal by a man convicted of robbing British American Tobacco (BAT) vans.
Simthembile Mtanga was sentenced to 80-years imprisonment in December after being found guilty of five counts of robbery with aggravating circumstances and another five counts of kidnapping.
He was condemned to 30 years direct imprisonment before he could be considered for parole.
Mtanga, 40, through his attorney Bulwana Bangani said the court had erred in admitting evidence from “a facial identification specialist” Norman Henry Kesselman, who did not produce his qualifications before the court. Mtanga said furthermore, three state witnesses – Zan Williams, Luthando Nkosinathi and Pule Mdebeza – who testified against him during his trial – did not recognise him as the person who hijacked the BAT vehicles.
Mtanga said Hawks officers investigating the cases, did not lift any fingerprints from the vehicles, which would have assisted the police in finding the correct perpetrator.
In his submission, Mtanga further stated that the court failed to take into consideration the fact that no firearm had been used during the robberies.
The court heard the robberies for which Mtanga was charged occurred in Quigney, Vergenoeg, Fynbos and Mdantsane between August and October 2014. Cigarettesworth R641 000 were taken in the robberies.
It was the state’s case that the robberies were carried out by a group of men who ambushed BAT trucks on delivery rounds, threatening the drivers until they surrendered the vehicle and its load.
The driver would then be thrown into the back of the BAT vehicle and one of the robbers would guard him while the vehicle was driven to a secluded spot where another vehicle waited.
The boxes of cigarettes would be loaded into the waiting vehicle. The robbers then drove away in the getaway car leaving the BAT driver locked in the back of his truck. The state said Mtanga was identified from video/CCTV footage inserted into BAT trucks. He had taken part in all five robberies.
Magistrate Ignatius Kitching said the court had satisfied that the person seen in the footage was indeed Mtanga and that no other court would have reached a different conclusion.
Mtanga’s application for leave to appeal his sentence was dismissed.