Walter Francis, the policeman who handed over a gun to a known gangster – who used it to kill another man – is expected to be sentenced on Friday.
During pre-sentencing proceedings in the Port Elizabeth High Court on Thursday, legal counsel for Francis, 32, advocate Terry Price SC, asked the court for leniency, saying this was Francis’s first offence and that a prison term would destroy him.
“Correctional supervision is the better option here,” he said.
Francis was convicted of negligently causing the death of Denton Rademeyer in October 2014.
This was after he knowingly gave his service weapon containing a full magazine with 15 rounds of ammunition, another magazine as well as additional rounds – in total 55 rounds – to known gangster Shane Potberg after a shooting at Potberg’s house.
Potberg, in turn, used the gun to kill Rademeyer.
Leading evidence in mitigation, Price relied on sworn statements from a probation officer and a correctional services report.
Judge Jannie Eksteen earlier found that Francis, a father of two, should have foreseen the possibility that his firearm might be used in the commission of a crime.
Francis admitted that in October 2014 he had given Potberg the gun, saying it was for Potberg’s protection.
Francis admitted that he had known Potberg for 15 years but denied knowing about his involvement with gangs in the northern areas.
Rademeyer was shot dead in Kakora Street on the night of October 26 2014. Potberg has since died. Testifying on Thursday, correctional services officer Ngcebetsha Mongi said Francis was a suitable candidate for correctional supervision.
“The aspect of remorse does not reflect in the report because [Francis] did not plead guilty [but he] accepts and respects the verdict of the court.”
State prosecutor advocate Jason Thysse asked Mongi if she had considered the family of the deceased in her report.
She said she had not been requested to do so.
Probation officer Nosiphiwo Zilwana-Jack said in her report that although she had not read the judgment or the charge sheet related to another case for which Francis must still stand trial, she did not think a term of direct imprisonment should be considered at this point.
Francis is out on bail.
He has a pending case where he is a co-accused in the murder of a state witness.
He is out on bail for that matter as well.