Ballito resident and businessman Ryan Cowan could face jail time after the court heard on Monday that he was unsuitable for correctional supervision.

Cowan, convicted more than four months ago of kidnapping, assault with intent to cause grievous bodily harm (GBH) and breaching a protection order, also continues to deny responsibility for the offences, raising concerns about his prospects for rehabilitation.

The evidence was heard as sentencing proceedings continued in the KwaDukuza Regional Court on Monday and Tuesday, October 5 and 6. Probation officer Vusi Manu and social worker Nombulelo Dube were called to testify in mitigation of sentence.

Cowan was convicted after the court found that he kidnapped his estranged wife, Mystrelle (37), on May 4, 2021, held her against her will for two days and repeatedly assaulted her with his fists and a sjambok.

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Although Manu found Cowan had a suitable support system for correctional supervision, he said Cowan’s conviction for breaching a protection order, together with another pending criminal case, made him unsuitable for a non-custodial sentence.

Cowan is currently facing a common assault and breach of a protection order case in the Umhlali Magistrate’s Court, also involving Mystrelle.

Dube told the court Cowan continued to deny responsibility for the crimes of which he had been convicted.

She said Cowan maintained that he had not kidnapped Mystrelle and that she had willingly accompanied him. He also maintained that the injuries for which she required medical treatment were self-inflicted or related to drug use.

Dube recommended a custodial sentence or, alternatively, a fine.

Both Manu and Dube told the court that Mystrelle remained fearful of her estranged husband.

Defence rebuked
Cowan’s defence counsel, Adv John Murray, attempted to introduce what he described as “disturbing” and “fresh” evidence which he said “speaks to the roots of the case”.

Magistrate Regina Mjwara disallowed the evidence, saying judgment had already been delivered and new evidence could only be introduced through an appeal.

Shortly afterwards, Mjwara reprimanded Murray after he asked Dube whether Cowan had been wrongfully convicted and whether another court could reach a different conclusion.

“Your choice of words is unacceptable,” Mjwara said.

Murray defended his questioning, saying Dube did not understand the judicial process. He also took issue with her use of terms such as “lack of acceptance” and “limited responsibility”, arguing that they cast judgment on Cowan.

Sentencing proceedings will continue on October 15 and 27.

Mjwara warned that Cowan’s bail could be revoked if sentencing was delayed beyond the end of October.

“It has now been more than four months since judgment. We cannot go to a new month for someone that’s already been convicted,” she said.