A Port Elizabeth man raised his hands in the air demonstrating gun signs shortly after being found guilty in the city’s high court on Wednesday for the murder of an off duty policeman.
Constable Devin Hattingh, a father of three, was shot and killed while escorting a truck to Motherwell during July 2014. At the time he was off duty and doing extra security work to supplement his income.
Showing no signs of distress Nqaba Charles, 26, was convicted of murder, attempted murder and unlawful possession of firearm and ammunition.
He was previously out on bail but will now remain behind bars. Shortly after a guilty verdict was read out, he raised his hands showing guns signs to his friends sitting in the public gallery.
His co-accused Jabulani Mkaba, 28, who has been in custody through out the trial, was acquitted on all charges.
In handing down judgment Judge Phakamisa Tshiki said the evidence against Charles was overwhelming.
“In my view the evidence against [Mkaba] is not sufficient to make a conclusion that the State has proved its case against him,” said Tshiki.
“However, in so far as [Charles] is concerned the State has proved its case beyond a reasonable doubt. [Charles] has told lies in this case and mislead the court in many issues against him.”
Tshiki said that in his view Charles was the “author” of the events leading up to the death of Hattingh.
Hattingh, and his wife Blanche, were both stationed at Mount Road police station. On the day of his killing, the couple had worked their last shift together. Blanche still drives the same silver VW polo that her husband was gunned down in while sitting in the driver’s seat.
Blanche said that the car was something she could not let go of.
Shortly after the guilty verdict family members clutched hands together and said that they were more at peace, however it would never bring back Hattingh as a son, a father and a husband.
“It won’t bring him back but there is some sort of relief and some form of peace for me, my children and my family. I feel that justice has been done, it’s a step in the right direction,” said Blanche.
Hattingh’s father, John, said that he felt that justice had been served although he would have liked to have seen Mkaba behind bars.
“I would have been glad if accused number 2 was also found [guilty], I think he also had a lot to do with it.”
He said that although the trial was concluded, it would never bring back his son.
Defence attorney Jodine Coertzen asked the court to take into consideration that Charles was a first time offender and the motive for crime, according to her, appeared to have been for acceptance from his peers.
Coertzen asked the court to impose a 20 year sentence on a count of murder.
Prosecutor Jason Thysse said that Charles had shown absolutely no remorse and the crime was not expected from an educated person, so to speak.
“The killing of the deceased was senseless, he did not pose a threat to the accused he was there for escort duties,” Thysse said.
“He was a police officer, it’s a serious matter that the minister of police has to indicate how many officers are killed annually. It does not matter if he was on or off duty he was a law enforcement officer.”
The State asked that Hattingh’s killer be jailed for life on a count of murder.
The case was postponed until March 28, for sentencing.
-African News Agency (ANA)
