A former Port Elizabeth police constable who was convicted of culpable homicide after his official firearm was used in a murder, has lost his bid for leave to appeal both his sentence and conviction.
Walter Francis (28) was convicted in the High Court in July and sentenced to six years in jail after he was acquitted on a charge of murder.
Judge Jannie Esksteen found that the degree of his culpability had resulted in the cold-blooded assassination of Denton Rademeyer four years ago.
The court heard then that Francis, who was stationed at Humewood in Port Elizabeth, had given his firearm to one, Shane Potberg, following a shooting incident in Bloemendal in October 2014.
The next day, 34-year-old Potberg, Enzorich Kroates (22) and Clement Kogana, (29) and another person went to Bethelsdorp to “take out” Rademeyer.
In convicting Francis, Eksteen said that he was “grossly irresponsible” for handing over his firearm and in doing so had negligently caused Rademeyer’s death.
Rejecting Francis’ application for leave to appeal on Wednesday, Eksteen said that he was not persuaded that another court would come to a different conclusion.
It is understood that the defence will now petition the Supreme Court of Appeal for leave to appeal.
-African News Agency (ANA)
