Judge sentences principal’s remorseless killers to life terms

THE men found guilty of killing Southlands Secondary School principal Gona Pillay were sentenced to life last week.

A further 13 years was handed down to Lungani Basil Underhill, Sibonelo Braveman Underhill and Fredyboy Msomi for robbery with aggravating circumstances.

These sentences will run concurrently.

Pillay, 63, and her husband Loga, 71, had planned on selling their seven-bedroom home in Silverglen, Chatsworth, and downsizing to a flat in eManzimtoti.

The retired educators were at home when Basil Underhill, an intern estate agent at Pam Golding Properties, arrived with his co-accused.

Pillay was strangled with cable ties and Loga was stabbed several times.

While handing down the sentence last week, acting Durban High Court Judge Naresh Bhika described the September 2017 killing and robbery as “heinous and senseless”.

“This left the Pillays without severance thinking what their lives would be like in their golden years.

“No doubt they were senior citizens. Mrs Pillay was seen as a leader in the community as she was a retired principal. Mr Pillay himself was also a writer of textbooks for pupils and has since ceased to complete his series.”

Judge Bhika also stated that Basil Underhill and Msomi had shown no remorse during the mitigation of sentence.

“There is a fine line between remorse and regret. Being remorseful is feeling sorry about something and regret is being sorry because of the action which leads to the incident.

“It is clear in this case (that) regret takes predominance over remorse.”

Minutes after sentencing, the defence attorneys for each of the accused told the court that they intended to make applications to appeal the convictions and sentences.

Shaheer Seedat, acting on behalf of Basil Underhill, said: “It is respectfully submitted that the honourable court failed to take into consideration that Lungani Basil had acted out of fear for his life and that he thus acted under duress.

“It is respectfully submitted that another court may come to a different finding.”

Sizwe Masondo, acting on behalf of Msomi, also told the court the version of his client was not considered.

“His version was that he could not be a buyer or participated in the sale as he could not understand or speak English. This was a crucial part of his statement.”

Joseph Kilani, who made an application to appeal the conviction of Braveman Underhill, said he believed if another court heard his client’s version of what happened on the day, it would come to a different finding.

“Another court may find that my client did associate himself with the joint cause of common purpose.

“However, he stood up and asked accused one (Basil Underhill), what was happening when he saw him with a knife on Mr Pillay, which proves no pre-planning.

“His version is that he attempted to run out of the house even before the crimes took place.”

State prosecutor Kelvin Singh conceded that an appeal with regard to the sentences could be made. However, he requested that the convictions stay.

Judge Bhika denied the application for an appeal on their convictions but granted Basil Underhill and Msomi leave to appeal their sentences.