A muffled cough from convicted Ballito businessman Ryan Cowan (44) was enough to derail his sentencing in the KwaDukuza Magistrate’s Court last Thursday, August 27.

Cowan had taken the stand to testify in mitigation of sentence, with pre-sentence reports and a victim impact statement by his estranged wife, Mystrelle (37), also due to be heard.

He was convicted on April 28 of kidnapping and assaulting Mystrelle in May 2021. He was also found guilty of contravening a protection order and was due to be sentenced last week.

However, after it emerged that Cowan had flu, Magistrate Regina Mjwara adjourned the proceedings to September 16, saying she had a duty to protect everyone in court from becoming ill and ensure Cowan was fit to fully participate in the proceedings.

Mystrelle put her head in her hands in despair as it became clear the matter would once again be delayed.

“I prepared and gathered my strength to read my victim impact statement because testifying was such a terrible experience for me; I was annihilated by the defence. I just felt it was my chance to speak my truth, so I was upset,” Mystrelle said.

Tensions also spilled into the gallery, where Mystrelle’s mother, Melissa Lee, and Cowan’s mother, Maureen Cowan, exchanged words.

Cowan was charged with attempted murder, kidnapping and contravening a protection order after he kidnapped his estranged wife on May 4, 2021, held her against her will for two days and repeatedly assaulted her with his fists and a sjambok.

However, he was found guilty of the lesser charge of assault with intent to cause grievous bodily harm (GBH) after key medical testimony was unavailable because ICU physician Dr N. Omar had emigrated.

This is the fourth time sentencing has been delayed. Originally scheduled for June 17, it was postponed to July 8, August 14 and then August 27 because of outstanding pre-sentence reports. Last week, the matter was ready to proceed, but Cowan’s health brought the proceedings to a halt.

Cowan remains out on bail. While he has no previous convictions, at the time of his arrest he was already out on bail in a separate assault GBH case involving the alleged contravention of a protection order relating to Mystrelle.

That case is ongoing before the Umhlali Magistrate’s Court, with the next court appearance scheduled for September 10.