Ex-cop jailed 25 years for murder
FRED GOEIEMAN
A former police constable who shot and killed a club reveller in Khomasdal five years ago has been sentenced to an effective 30 years’ imprisonment.
Justin Sunsu Simataa was further sentenced to 15 years for attempted murder, two years for malicious damage to property and one year for discharging a firearm in public place.
Judge Nate Ndauendapo ordered that the prison terms on the last three offences run concurrently with the 25-year sentence for the murder of Firmino Fabrice Mael (25) on 26 October 2012.
He ordered that the murder weapon be forfeited to the state and declared Simataa unfit to carry a firearm for 20 years after the completion of his prison term.
The judge said Simataa had expressed regret about the murder, and also apologised for attempting to kill the deceased’s friend, Milikan Likando, on the same day.
On the day of the incident Simataa and his friends were hanging out at a shebeen in Khomasdal when he became embroiled in a fight. After the fight Mael and his friends got into a car.
Simataa collected his licensed pistol from the security guard at the shebeen and fired 13 shots at Mael and his friends, who were seated in the car.
Mael sustained nine bullet wounds and was pronounced dead at the scene, while his friend Likando was hit by three bullets and was left in a critical condition. Likando survived but one bullet is still stuck in his lung as doctors fear complications if it were to be removed.
“No doubt serious offences call for severe punishment. The deceased was brutally murdered while seated in a car. No chance for survival. The deceased was looking forward to the joy of being a father of the baby his girlfriend was expecting but his life was cut short,” the judge said.
Although Simataa claimed that he had fired the shots in self-defence, the judge said it was an act of revenge.
“The scale of the shooting is that he emptied the magazine of his pistol. He shot Mael eight times and Likando five times where they sat in Mael's car. This was not proportional to the threat Simataa claimed to have tried to ward off. He exceeded the bounds of self-defence,” Ndauendapo had earlier ruled during judgment.
He emphasised that Simataa had committed serious offences and that the nature of the weapon used – a semi-automatic pistol – aggravated the offences. The judge added that Simataa did not assist the deceased after the shooting.
In mitigation, the judge said Simataa had been assaulted and when he fell he was kicked until he lost consciousness. The provocation in the case was regarded as a mitigating factor.
“He suffered anger, humiliation and felt provoked, however people should control themselves and not take the law into their own hands,” Ndauendapo stressed, and added that it was the court’s duty to protect law-abiding citizens.
State Advocate Constance Moyo prosecuted while Siyomuinji Mbanga appeared for the defence.
A former police constable who shot and killed a club reveller in Khomasdal five years ago has been sentenced to an effective 30 years’ imprisonment.
Justin Sunsu Simataa was further sentenced to 15 years for attempted murder, two years for malicious damage to property and one year for discharging a firearm in public place.
Judge Nate Ndauendapo ordered that the prison terms on the last three offences run concurrently with the 25-year sentence for the murder of Firmino Fabrice Mael (25) on 26 October 2012.
He ordered that the murder weapon be forfeited to the state and declared Simataa unfit to carry a firearm for 20 years after the completion of his prison term.
The judge said Simataa had expressed regret about the murder, and also apologised for attempting to kill the deceased’s friend, Milikan Likando, on the same day.
On the day of the incident Simataa and his friends were hanging out at a shebeen in Khomasdal when he became embroiled in a fight. After the fight Mael and his friends got into a car.
Simataa collected his licensed pistol from the security guard at the shebeen and fired 13 shots at Mael and his friends, who were seated in the car.
Mael sustained nine bullet wounds and was pronounced dead at the scene, while his friend Likando was hit by three bullets and was left in a critical condition. Likando survived but one bullet is still stuck in his lung as doctors fear complications if it were to be removed.
“No doubt serious offences call for severe punishment. The deceased was brutally murdered while seated in a car. No chance for survival. The deceased was looking forward to the joy of being a father of the baby his girlfriend was expecting but his life was cut short,” the judge said.
Although Simataa claimed that he had fired the shots in self-defence, the judge said it was an act of revenge.
“The scale of the shooting is that he emptied the magazine of his pistol. He shot Mael eight times and Likando five times where they sat in Mael's car. This was not proportional to the threat Simataa claimed to have tried to ward off. He exceeded the bounds of self-defence,” Ndauendapo had earlier ruled during judgment.
He emphasised that Simataa had committed serious offences and that the nature of the weapon used – a semi-automatic pistol – aggravated the offences. The judge added that Simataa did not assist the deceased after the shooting.
In mitigation, the judge said Simataa had been assaulted and when he fell he was kicked until he lost consciousness. The provocation in the case was regarded as a mitigating factor.
“He suffered anger, humiliation and felt provoked, however people should control themselves and not take the law into their own hands,” Ndauendapo stressed, and added that it was the court’s duty to protect law-abiding citizens.
State Advocate Constance Moyo prosecuted while Siyomuinji Mbanga appeared for the defence.
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