GQEBERHA PAROLEE SENTENCED FOR UNPROVOKED CHRISTMAS KILLING

The National Prosecuting Authority (NPA) has secured an effective 15-year imprisonment sentence against Donoven Carolus (57) for the spontaneous murder of Elston Bain, and attempted murder of his friend on Christmas Day 2024, in the Jacksonville township, notoriously known for gangsterism, in the Northern Areas of Gqeberha.

Additionally, the Gqeberha Regional Court sentenced Carolus, who was out on parole for another murder, to seven years for unlawful possession of a firearm and ammunition, which were ordered to run concurrently with the 15 years for murder and attempted murder, taken as one for the purposes of sentence.

The court heard that the deceased had gone his friend’s place to wish him a merry Christmas. He was with another friend and his sister in the car. As he was exiting his vehicle at Brasilwood Street, he was approached by the accused, who shot him in the head without saying a word. When the deceased’s friend came out of the car, the accused shot at him too, before fleeing the scene. The deceased’s sister and the friend managed to identify the shooter, who also came from a nearby house.

The shooter remained at large until 05 January 2025, when the deceased’s sister saw him casually walking past the local Bethelsdorp Police Station. She immediately informed the police, describing him by his visible facial scar as his brother’s shooter, and he was arrested.

During trial, Carolus pleaded not guilty and called his wife as his alibi witness. However, the overwhelming evidence was the complainant in the attempted murder charge, the sister of the deceased, as well as the ballistic report linking the firearm to the crime.

Addressing the court on sentence, Regional Court Prosecutor Cheswin King revealed that Carolus had previously been convicted and sentenced for two murders. “The pattern demonstrates a persistent and profound regard of the sanctity of human life and the authority of law. “How many lives must be placed at risk, and how many opportunities for rehabilitation must fail before the interests of society are given their proper weight?”, the prosecutor asked the court, while praying for 25 years imprisonment.

The court, however, found that convict's advanced age as well as his chronic medical condition, were compelling exceptional circumstances for deviation from the prescribed minimum sentence.

Welcoming the outcome, Director of Public Prosecutions in the Eastern Cape, Advocate Samkelo Mtwana, said the sentence demonstrates the criminal justice system's firm stance against violent crime and lawlessness.

"This sentence sends a strong message that acts of violence have no place in our communities. The NPA remains committed to ensuring that perpetrators of serious violent crimes are held accountable and that justice is delivered for victims and their families."

The NPA remains steadfast in its commitment to combating violent crime and ensuring that victims and their families receive justice through the criminal justice system.

Issued by:

Luxolo Tyali

NPA Regional Spokesperson - Eastern Cape Division