Guilty of killing off-duty police officer

After the verdict, family members said they felt more at peace

PORT ELIZABETH: A Port Elizabeth man was found guilty in the city’s high court yesterday for the murder of an off-duty policeman.

Constable Devin Hattingh, a father of three, was shot and killed while escorting a truck to Motherwell in July 2014. At the time he was off duty and doing extra security work to supplement his income.

Showing no sign of distress, Nqaba Charles, 26, was convicted of murder, attempted murder and unlawful possession of a firearm and ammunition.

He was previously out on bail but will now remain behind bars.

His co-accused, Jabulani Mkaba, 28, who has been in custody throughout the trial, was acquitted on all charges.

In handing down judgment, Judge Phakamisa Tshiki said the evidence against Charles was overwhelming.

“In my view the evidence against (Mkaba) is not sufficient to make a conclusion that the State has proved its case against him,” said Judge Tshiki.

“However, as far as Charles is concerned the State has proved its case beyond a reasonable doubt. Charles has told lies in this case and mislead the court.”

Judge Tshiki said that in his view Charles was the “author” of the events leading up to Hattingh’s death.

Hattingh and his wife Blanche were stationed at Mount Road police station. On the day of his murder, the couple worked their last shift together. Blanche still drives the same silver VW polo that her husband was shot in while sitting in the driver’s seat.

She said the car was something she could not let go of.

Shortly after the guilty verdict, family members held hands and said they felt more at peace, although the verdict would not bring Hattingh back.

“It won’t bring him back but there is some sort of relief and some form of peace for me, my children and my family. I feel that justice has been done, it’s a step in the right direction,” said Blanche.

Hattingh’s father, John, said he felt that justice had been served, although he would have liked to have seen Mkaba behind bars.

“I would have been glad if accused number two was also found guilty, I think he also had a lot to do with it.”

Defence attorney Jodine Coertzen asked the court to take into consideration that Charles was a first time offender, and that the motive for the crime appeared to have been for acceptance from his peers.

Coertzen asked the court to impose a 20-year sentence on a count of murder.

Prosecutor Jason Thysse said that Charles had shown absolutely no remorse, and the crime was not expected from an educated person.

“The killing of the deceased was senseless, he did not pose a threat to the accused,” Thysse said.

“He was a police officer. It does not matter if he was on or off duty, he was a law enforcement officer.”

The State asked that Hattingh’s killer be jailed for life on a count of murder.

The case was postponed to March 28 for sentencing. – ANA