AFTER two years of waiting for justice to prevail, Jenny Stainer said her husband’s soul can finally rest in peace, knowing that his murderers have been convicted.
The two suspects, Siyabonga Nyanisa and Siboniso Ngcoya, who shot and killed her husband, Errol Stainer (67), in a brutal hijacking outside Patrite Superette in Underwood Road, Sarnia on 24 August 2012, were convicted for murder and robbery at the Durban High Court on Thursday 10 April.
Despite their protestations of innocence, Judge Mohini Moodley said Nyanisa had been evasive and dishonest in the trial and the evidence of the state witnesses pointed out that he was the man in the blue hoodie (seen on CCTV surveillance footage from a video camera in the parking lot) who had shot Stainer and had driven off in his car.
She said even though the stills on the surveillance were not clear, the enhanced image shows Nyanisa’s distinctive features, his prominent lower jaw and eyes, which made him easily identifiable.
Regarding Ngcoya, the judge ruled that while Nyanisa pulled the trigger, she found Ngcoya acted with common purpose and was also guilty of the murder.
Nyanisa, who was out on bail since the murder, was finally taken into custody and the case was adjourned for sentencing at the Durban High Court on 28 May, 2014.
Bruce Johnson, who was one of the witnesses subpoenaed to court, said he had no doubt that this criminals would be convicted.
“Even though they were teenagers at the time of the murder, they still committed a crime, and should receive the strictest sentence for the senseless killing,” said Johnson.
Video surveillance footage showed Errol parked his white Opel Corsa, went into Patrite Superette to buy a newspaper, and when he came out of the shop, he was surrounded by three men, one armed with a gun and wearing a blue hoodie. Errol put his hands up to surrender but was shot twice in the stomach and fell behind the wheel of his Corsa.
The attackers jumped into the car, and in their attempt to flee, they drove and reversed over Errol’s body several times before mounting a pavement, bursting a tyre and then speeding off. Neighbourhood watches in the Highway area were alerted of the hijacking and responded immediately.
Along with Metro and the SAPS dog units, they sealed off possible escape routes. The Corsa was found parked on a grass patch on Maurice Nichols Road. One of the attackers (Nyanisa) ran across the M13 and was stopped in his tracks when he ran in front of a vehicle. He was arrested and taken to hospital.
The second attacker, Ngcoya, was caught in Clermont. He was wounded in a shootout with police. The third attacker was arrested in Richmond, but he was dismissed after the case went to trial.
Errol’s wife, Jenny, said all she wanted was for justice to be served. “This trial has caused my children and I so much of pain. I don’t know why the third attacker was released, but I think they should all be given life sentences. Errol was such a humble man, he wouldn’t have hurt a fly,” said Jenny.
