'Racial slur' farmer off the hook

THE conviction and sentence of an Eastern Cape farmer who was accused of calling two black paramedics ka****s because he suspected them of stealing his sheep has been set aside by the Grahamstown High Court.

The farmer, of Aliwal North, went as far as to inform the police that the men were hiding his sheep in the back of their ambulance and demanded that they search the vehicle. It was initially alleged that Gert Venter pointed his firearm at the men before insulting them with racial slurs.

Ishmael Semnyo and Nkuleko Dyani of Aliwal North Emergency Services had attended a crime scene near Venter's Vineyard Farm in November 2009 when the incident occurred.

At the close of the state's case in the Aliwal North Magistrate's Court, Venter was acquitted on two counts of pointing a firearm due to a lack of evidence.

The court, however, went on to convict him of crimen injuria in respect of the alleged insult to Dyani. He was sentenced to pay a fine of R4000 or undergo eight months' imprisonment.

Last month the Grahamstown High Court heard his appeal against both his conviction and sentence.

It was alleged that during the early hours of November 8 2009, Frikkie Smith telephoned the Aliwal North Emergency Services claiming he had assaulted his wife on neighbouring farm Coppia.

When Semnyo and Dyani arrived on the scene, the woman had already died. They advised Smith to alert the police, who later accompanied them on their journey back to the small town.

While still on their way to the tarred road, they stopped to allow Smith to open a gate so they could drive through. It was at this stage that Venter arrived in his truck and parked it in the middle of the dirt road, effectively blocking their way.

According to the complainants, Venter got out of his truck, pointed a firearm at them and drew his finger across his throat in what they interpreted as a threat to kill them. He thereafter called them ka****s.

They were forced to remain in the ambulance for two hours, until the police arrived and Venter told them that he suspected the complainants of having stolen his sheep and requested them to search the ambulance. The police complied, but could not find anything.

Venter, meanwhile, said he had merely gestured to the driver to cut the engine by drawing his finger across his throat. He said there was no further communication.

He said he suspected the ambulance was being used in stealing livestock because he had read a newspaper article about ambulances being used for that.

Smith, who is currently serving a sentence for the murder of his wife, testified on Venter's behalf. He said Venter did not refer to the complainants as ka****s.

Last week, Judges John Smith and Nozuko Mjali agreed that the trial magistrate had erred in his conclusion that the state had proved its case beyond a reasonable doubt based on the fact that the complainants did not know the accused and therefore had no reason to falsely implicate him. They set aside both the conviction and sentence. - Kathryn Kimberley