- The SCA confirms there was a criminal enterprise behind a series of Post Office robberies.
- The appeal court upholds most convictions against the syndicate's leaders.
- Two principal accused remain in prison, despite minor changes to their convictions and sentences.
Nearly 18 years after a criminal syndicate began targeting South African Post Office branches across Gauteng, the Supreme Court of Appeal has largely shut the door on attempts by two of its key members to escape conviction.
The appeal court confirmed that the State had proved the existence of an organised racketeering enterprise behind a series of armed robberies, fraud and theft committed against the Post Office. While making limited changes to some convictions and sentences, the court upheld the findings on the principal charges, marking a significant outcome for the long-running prosecution.
Criminal enterprise confirmed
The case centred on former Post Office branch manager Maxam Onasis and Bongani Nkosi, who challenged their convictions for racketeering, robbery, fraud, theft and related offences. The Director of Public Prosecutions also cross-appealed against aspects of their sentences.
The Supreme Court of Appeal found that the evidence overwhelmingly established the existence of a criminal enterprise responsible for a coordinated campaign targeting Post Office branches in Ebony Park, Boksburg North, Randjiesfontein and Tembisa North.
According to the judgment, the syndicate opened fraudulent Postbank accounts using stolen identities before carrying out armed robberies. During the attacks, staff were locked away while false deposits were captured into the fraudulent accounts using the Post Office computer systems. The money was then withdrawn before the accounts could be blocked.
Justice T Coppin said, "The body of evidence implicating the appellants... was overwhelming."
Evidence stood up to appeal
One of the State's key witnesses was security guard Gibson Moshoene, who infiltrated the syndicate following the Ebony Park robbery.
The appeal court rejected arguments that his evidence was unreliable, finding that it was corroborated by extensive cellphone records, forensic banking analysis, fingerprint evidence and witness testimony.
The judges also rejected claims that the cellphone evidence failed to link the appellants to the crimes, concluding that the trial court had correctly assessed the evidence before it.
Bid to remove trial judge rejected
The appellants argued that the trial judge should have stepped aside because of alleged bias during the lengthy proceedings.
The Supreme Court of Appeal dismissed the challenge, finding that the complaints arose largely from repeated delays during the trial and did not establish any reasonable apprehension of bias.
Justice T Coppin said, "The accused did not succeed in dislodging the presumption of the presiding judge's impartiality."
Limited success for appellants
Although the appeal failed on its central issues, the court found that one of Onasis' convictions under the Prevention of Organised Crime Act duplicated another conviction and set it aside.
The appeal court also overturned several convictions relating to the unlawful possession of firearms and ammunition after finding that the State had not proved the legal requirements for those offences. However, the convictions for racketeering, robbery, fraud and theft remained intact.
Effective prison terms remain
The court substituted a sentence of 20 years' imprisonment for Onasis on the remaining racketeering conviction. Together with part of his robbery sentences running consecutively, his effective prison term remains 23 years.
Nkosi received a substituted sentence of 15 years' imprisonment on the racketeering conviction. His effective sentence remains 20 years.
The appeal court also set aside the non-parole order previously imposed on Nkosi. Both men remain declared unfit to possess firearms.
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