Magistrate Charmaine la Marque sentenced security officer Reghard Elmes (23) in the Evander Regional Court to seven years in prison for murder on November 12.

She also declared him unfit to possess a firearm.

Elmes was found guilty on September 15 of murdering a man in a shooting on Nelson Mandela Drive in Secunda on November 23, 2022.

Before she handed down the sentence, La Marque referred to the constitutional rights that everyone:
• Is equal before the law;
• Has the right to have their dignity respected and protected;
• Has the right to life;
• Has the right not to have their life taken away from them;
• Has the right to movement.

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The magistrate considered that the deceased’s body was unclaimed and that there were no family members. However, she said the exhibits stated the deceased is known as a psychotic patient.

“Eyewitnesses testified that you could see there was something wrong with the deceased,” La Marque said.

She reiterated that the reports made to Stratcon, the security company Elmes worked for at the time, were that someone was walking on General De Wet Street and down to Anton van Wouw Street.

The person was making noise and checking where the cameras were outside houses. He stood at each property to see what was going on and made noises to see where dogs barked.

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A description was also given of what he wore. The deceased was shouting at cars and making noises when on the pavement at Laerskool Goedehoop.

“I said in my judgment, there was no attempt at a break-in,” said La Marque.

She said she sees the deceased as an unclaimed, possibly psychotic and vulnerable person. As for the public’s interest, she said that the social media commentary, emotions and reactions cannot influence the court’s decision.

“The interest of society requires that justice be done and that the values of human life be preferred. I remind myself of the oath I took to do my work without fear, favour or prejudice,” said La Marque.

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She rejected Elmes’ claim of self-defence. She stated that the accused told the court he was scared, trying to get away, and acting on information of a possible burglary.

“But the deceased himself was enclosed with the security vehicles, of which one tried to bump him. The deceased threw stones at Elmes’ vehicle.

“One would expect a trained security officer to exercise restraint and sound judgment, not to shoot without a warning shot, nor to chase a vulnerable person with a paintball gun as if playing a game.”

La Marque said she had to decide if the accused showed remorse, as this would influence the “amount of mercy” she must apply.

“The accused still tries to justify his conduct, which is a lack of remorse and failure to accept responsibility,” said La Marque.

She considered his age, that he is a first-time offender and can be rehabilitated. She deviated from the minimum 15-year sentence and handed him seven years.

Advocate Jan van Rensburg said the defence appeals the outcome on these points:
• The accused was under unlawful attack;
• Irrelevant that the deceased was mentally ill, as there was no medical report;
• The accused feared for his life and was being pelted with stones;
• The accused acted in self-defence;
• The deceased intended to harm the accused;
• The accused was responding to information of a possible burglary;
• The accused was injured and had no other means but to shoot;
• The accused’s intention was not to kill the deceased but to stop him.

The matter was postponed to December 8 for judgment on the appeal. Elmes remains in custody.

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