Tag: culpable homicide

Olympic cyclist’s killer may appeal ‘harsh sentence’

Although the family of Olympic cyclist Burry Stander welcomed the ruling handed to black taxi driver Njabulo Nyawose, charged for culpable homicide and sentenced to three years in prison on Wednesday at Port Shepstone Magistrate’s Court, his lawyer has vowed to appeal against the court’s decision.

Magistrate Charmaine Barnard sentenced Nyawose to six years in jail, with three years suspended for five years on condition that he was not convicted of culpable homicide in the period of suspension. Barnard cancelled his driver’s licence as she said he should have acted with extra caution because of his passengers.

His attorney, Xolile Ntshulana, who offered his services for free when Nyawose could no longer afford to pay him, said his client had requested him to appeal the “harsh” decision.

“We are not happy with the decision and think the court should have been more lenient. He is a first-time offender and had shown remorse for his actions during the trial. But we are waiting for transcripts before we act. His licence has also been cancelled which was not fair because this means he will have to undergo a rigorous process when applying for his licence after serving his term.”

Stander’s mother, Mandie, said the sentence was “realistic” and accepted it. She was relieved that after two years of suffering the trial was over.

“As a parent, you never expect to outlive your children. Burry was only 25 and too young to go.”

Nyawose, 25, was travelling southbound on Marine Drive, near Shelly Beach, on January 3, 2013, when he crossed the barrier line on the north-bound lane to turn right into Stott Street. Stander had been cycling north in Marine Drive when the collision occurred. He suffered extensive “blunt force traumas”.

He died at the scene.

He finished fifth in the men’s cross-country race at the 2012 London Olympics and 15th at the Beijing Games four years earlier.

A source close to Nyawose, who did not want to be named, believed the “court failed to apply its mind thoroughly when it handed down sentence”. He also dismissed Barnard’s claim that Nyawose acted with gross negligence when he turned over a solid barrier line.

Source: Sunday Tribune

Remorseless black baby killers sentenced

The black mother and father
The black mother and father in court

The black couple accused of the rape and culpable homicide of their 10-month-old baby were sentenced to 18 years in prison by the High Court sitting in the Palm Ridge Magistrate’s Court, Johannesburg, on Wednesday.

Judge Majeke Mabesele gave the coloured Adriaan Netto and his black girlfriend each four years for culpable homicide, three for child abuse and 15 for rape.

The sentences for the culpable homicide and rape would run concurrently.

Convicted baby killers Adriaan Netto and his girlfriend are cold and remorseless, Johannesburg Judge Majeke Mabesele said on Monday.

“We watched the parents testify. They were cold, but when each witness saw the pictures they (the witnesses) broke down because they once took care of her [the baby],” Mabesele said in the High Court sitting in the Palm Ridge Magistrate’s Court.

The pair were found guilty on September 18 of raping, assaulting, and causing the death of their 10-month-old baby girl.

The 34-year-old woman may not be named to protect the identities of her other children. Both remained in custody.

Mabesele listened to the pair’s legal representatives as they made pleas for lesser sentences based on personal circumstances. The mother cried as she was asked about her other children, who are under the care of relatives.

“I don’t think there are any words to describe how I’m feeling. I feel terrible, it’s something that will haunt me for the rest of my life,” she told the court.

The judge said their personal circumstances and the problems they faced while growing up were no excuse for the crime they committed.

Prosecutor Riana Williams told the court the woman had shown no remorse.

“The only remorse you have is that you are here and are going to be sentenced,” Williams said.

Mabesele said they should both go to jail as their lack of remorse might result in them doing the same to the other children.

“They are a danger to their children and they are not remorseful. Crying is not remorse. The fact that she is crying means nothing to me,” he said.

William Karam, for 37-year-old Netto, asked the court to be lenient on his client. He said the lack of evidence against his client should be taken into consideration.

“The lack of direct evidence and the incidents of aggression by accused two 1/8Netto 3/8 ought to cast them in a different light when it comes to sentencing,” he said.

Karam argued that a lack of witnesses and evidence of Netto physically abusing the child should be a factor for mitigation of sentence. He recounted Netto’s troubled childhood.

Mabesele and Williams said they were satisfied that relatives were taking care of the other children. – Sapa