Loyisa Rasta Mbidana. | Supplied
Durban — Friends and neighbours of a security guard who was confirmed, by a pathologist, to have been poisoned left the Durban High Court disheartened after the businessman who pleaded guilty to culpable homicide was handed a wholly suspended sentence.
On Thursday, Sagren Mariah was sentenced to 10 years wholly suspended for five years, following a plea agreement with the National Prosecuting Authority (NPA).
Loyisa Rasta Mbidana died at Prince Mshiyeni Memorial Hospital a day after being admitted in September 2021. His post-mortem report showed that the cause of his death was consistent with poisoning and blunt force trauma that caused internal bleeding.
In his plea, Mariah admitted to “viciously assaulting Loyisa all over his body with a sjambok for approximately an hour”.
Mbidana had been a security guard who was stationed at different sites at times, including the trucking business premises belonging to Mariah. The guard had been accused of stealing copper cable.
While Mbidana’s post-mortem report confirms that he was poisoned, there was no evidence available as to where, when, and who administered the poison as there was no witness to that effect.
Mariah had previously been charged along with security company inspectors, Tyson Naganna, 32, and Romalen Govender, 29.
Last year, Govender was sentenced to five years’ imprisonment.
This year, Naganna was sentenced to four years, three of which were wholly suspended.
Mariah was denied bail a month after Mbidana’s death and spent 18 months in custody before being released following a bail application on new facts.
In the case, it emerged that following complaints of copper theft at sites where Mbidana had been stationed, including Mariah’s business, he was brought to the accused’s business premises in the evening.
After denying stealing the cable, he was beaten with items, including a baseball bat, by Naganna and Govender.
He was kept at the premises overnight and in the morning, when Mariah arrived, he too confronted him. He became angered by Mbidana’s denial and whipped him with a sjambok.
Mpilenhle Shabalala, who was Mbidana’s close friend, said: “Rasta was an ANC member under me in our ward. He helped in my business and I considered him family. I’m not happy about the court outcome. We have been on this journey since 2021, attending court with our money. We have even been to Scottburgh (Magistrate’s) Court.
“On Tuesday, we were told that he would be sentenced and go to jail and today we find out he will be out. We did not get justice,” Shabalala said.
She said she did not find solace in the fact that even though Mariah won’t serve direct imprisonment, the wholly suspended sentence would have an impact on his life for 10 years.
Mariah admitted to negligently causing Mbidana’s death, making himself responsible which means that the deceased’s family can pursue a civil claim against the accused for loss of income due to Mbidana’s passing.
“My hope was dashed today which makes me have no hope that if the family lodge a civil claim that they will be victorious. How come others he was with are sentenced to jail time while he (Mariah) is not? This just takes me back to the bail situation.
“I knew that the accused was in custody without bail and then I saw him while I was out running errands.
“We didn’t know that he had been let out on bail, and today again we are disappointed,” said Shabalala.
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Daily News
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