An ex-police officer was sentenced to an effective 10 years' imprisonment on Tuesday for a murder which took place at his home on the evening of 18 April 2010.

The Louis Trichardt Regional Court convicted Famanda Foster Namuhuchu (34) on a charge of murder after he had shot a close relative, Mr Johannes Risimati Mabunda, at least nine times, first in the head and then in other areas of his body. Mabunda died in the attack.

It was heard in court during the trial that Mabunda had asked some money from Namuhuchu at a tavern. When Namuhuchu said he had no money, Mabunda then started insulting him and said that the accused was “fat like a frog, and that he would smash his testicles”.

Namuhuchu then left the tavern, but the deceased followed him into his home with a beer bottle. He then smashed the bottle and charged at the accused with a sharp piece of it.

Namuhuchu stated that he then shot Mabunda in self-defence.

The court rejected the claim of self-defence on the basis that the number of shots fired from the accused's service pistol exceeded the idea or intention of self-defence. Then the court found him guilty on 18 June.

In mitigation, the accused's defence, Adv Ralph Ndleve, stated that the accused was a first offender, was married with two children and was the sole breadwinner. “He also assisted in the burial of the deceased by contributing a head of cattle, R1 200 and a tent, an act which indicated his remorsefulness,” said Adv Ndleve. “I submit that the element of mercy be exercised in favour of the accused.”

He further indicated that the accused's elderly father had since died as a result of trauma because his son had been accused of murder. State prosecutor Hilke van Rensburg submitted that the accused be “punished for the death of the deceased,” because he had failed to act like a police officer after he was provoked. “Being sworn at or even assaulted by individuals is part of the daily work of police officers,” she said.

The state prosecutor then read an affidavit filed by the deceased's wife, where she explained that she was now left in the lurch after the brutal death of her husband. “I am physically disabled. My husband, who died like an animal and was left in a pool of blood, accepted and loved me with my disability,” reads the affidavit. It further reads that she is currently struggling to find another partner, "as most men are prejudiced against disabled women".

In conclusion, the court imposed a direct jail term of 10 years on Namuhuchu.