The State has accused convicted Ballito businessman Ryan Cowan’s defence of delaying sentencing proceedings by rehashing evidence already heard by the court.

Sentencing proceedings got under way in the KwaDukuza Magistrate’s Court last Wednesday, September 16, after four previous postponements.

Cowan was convicted on April 28 of kidnapping, assault with intent to cause grievous bodily harm (GBH) and contravening a protection order after kidnapping his estranged wife, Mystrelle (37), on May 4, 2021, holding her against her will for two days and repeatedly assaulting her with his fists and a sjambok.

The opening day of arguments in aggravation and mitigation of sentence was marked by repeated objections from State prosecutor Vincent Mthambo, who alleged that Cowan, represented by defence counsel Adv John Murray, was employing stalling tactics.

“Victims of crime expect justice. Please may the defence indicate relevance. The defence is trying to appeal through the back door,” Mthambo said.

A 25-minute debate ensued, resulting in magistrate Regina Mjwara instructing the defence to address her only on Cowan’s personal circumstances, including his relationship with his children and wife, his financial situation and any remorse.

She also instructed the defence to deal with alleged reputational damage through civil proceedings, saying it was not relevant to the criminal matter.

Mjwara then guided Murray through the key information he needed to address with Cowan in mitigation of sentence.

Cowan said he did not agree with the court’s guilty verdict and believed another court might reach a different finding.

On sentencing, Cowan said he was not a suitable candidate for imprisonment as he had already been “through the fires of hell,” having overcome cocaine addiction, suffered a failed marriage, experienced alienation from his three young children, endured five years of stress, reputational damage and financial ruin, and spent 105 days in custody during his bail application.

The matter continues on October 5 and 6. Cowan is expected to be cross-examined, while the State is expected to call witnesses to testify in aggravation of sentence.
Cowan remains out on bail.