Durban: A KwaZulu Natal cop who pleaded guilty to culpable homicide following the death of a senior state advocate in 2019 has escaped jail time.
Muzi Euchalystius Mkhize, 57, a Detective Warrant Officer in the SAPS, was convicted and sentenced in The Scottburgh Regional Court this week, following the death of Senior State Advocate Addelaid Ann Ferreira Watt, 62.
According to Natasha Kara, spokesperson for the National Prosecuting Authority in KZN, Mkhize was sentenced to six years imprisonment, which was wholly suspended for a period of five years with conditions.
“The incident took place in November 2019 when Watt was prosecuting a farm robbery matter in the uMzimkhulu Regional Court where firearms and other possessions were stolen.
“While the case was still proceeding in court, the complainant in the matter asked that a firearm to be given back to him as he feared for his life following the robbery.
“This was done. However, the firearm was returned to court as an exhibit. Mkhize was the investigating officer in the matter.”
Kara said in his plea statement, Mkhize agreed that he failed to check whether the returned firearm was loaded or safe, as he erroneously believed that the firearm was not working.
“He said that during court proceedings, he had dozed off and was startled when the court suddenly adjourned. This caused him to lose control of the shotgun, and in an attempt to regain control of the gun, a shot was discharged.
“Watt, who was sitting diagonally across from him, was struck on her left hip and subsequently died due to a loss of blood.
“Mkhize admitted that in trying to regain control of the firearm, he unintentionally pressed the trigger or caused the firearm to discharge a round.”
Mkhize conceded in his plea that his conduct was negligent and advised that he never intended to shoot or injure Watt as they had shared a fruitful working relationship.
According to the NPA, the conditions of Mkhize’s sentence are that he pays a fine of R20 000 to a shelter for abused women and Children in Pietermaritzburg before March 11 and that he not be convicted of a similar offence which is committed during the period of suspension.
He was also declared unfit to possess a firearm.
Prior to accepting the guilty plea, the State, represented by Senior State Advocate Naveen Sewparsat, consulted with the Investigating Officer and Watt’s daughter; and both parties agreed to the State accepting the plea.
Watt’s daughter, Lindsay Ann Hawkins, described the sheer loss and devastation she felt after losing her mother.
In a victim impact statement, she described her mother as a kind and vibrant woman who lit up the room when she walked in.
Hawkins said that she had suffered psychological, emotional and physical trauma as she and her mother were inseparable.
The NPA described Advocate Watt, who was stationed at the Pietermaritzburg office of the Director of Public Prosecution, as an asset to the organisation who was dearly missed by her colleagues and friends.
IOL