New Year killer gets 15 years
A MODDERRIVIER resident will spend the next 15 years behind bars for the murder of Albert Macoby, 25, on New Year’s Eve.
Steven Metsimetsi, 23, pleaded guilty to the murder yesterday in an effort to avoid the minimum prescribed sentence.
The Kimberley Regional Court heard yesterday how Metsimetsi had seen in the New Year with a few beers and a game of dice at a local tavern, before leaving to go home in the early hours of the morning of January 1 2017.
Metsimetsi said that on his way home he came across Macoby and his friend at around 1am.
“When I saw them, I pulled out a knife and repeatedly stabbed the deceased, who had assaulted me on a previous occasion,” he stated.
The 23-year-old acknowledged that his intention had been to kill Macoby and that he knew his actions were wrong and unlawful at the time of the offence.
“I was aware that my conduct was punishable and ask for the family’s forgiveness.”
Due to the accused’s co-operation, during both the investigation and the trial, prosecutor Elmar Steyn felt that the court should deviate from the minimum sentence, as prescribed by the constitution, saying that the fact that Metsimetsi had played open cards throughout had ensured a speedy and smooth process.
“I must acknowledge the accused’s willingness to enter a guilty plea as people often proclaim their innocence despite overwhelming evidence against them,” Steyn told the court prior to sentencing.
“This is a very conclusive plea and I must congratulate the defence on the way it was presented to the court.
“Too often, people only claim partial guilt but in this trial, this is not the case.”
In handing down sentence, Magistrate Danie Schreuder ruled that the circumstances surrounding the offence did not warrant the 12 years in custody suggested by the prosecution, as the presiding officer decided that the minimum sentence was called for in this instance.
Schreuder conceded that the guilty plea indicated that the accused was remorseful, while his young age meant that there was an improved chance for rehabilitation and reintroduction into society upon the completion of his sentence.
However, the magistrate pointed out that there was no chance of remuneration for the loved ones of the victim, adding that the general public was calling for heavy sentences for violent crimes.
“This is an extremely serious offence,” said Schreuder.
“You have taken someone’s most basic human right to life. Death is final and the deceased will not be coming back.
“His children have lost a father and his family, a son.”
Schreuder concluded that the maximum of 20 years in jail was also not in the interest of justice as, with the prevalence of this type of serious offence in South Africa, along with a cost of roughly R300 per day to keep one inmate in custody, the price of giving all serious offenders the maximum possible sentence would be far too great for the taxpayer to bear.
After hearing the court’s ruling yesterday afternoon, the family of the deceased struggled to hide their emotions, with Macoby’s sisters saying that no sentence would ever bring back their brother.
“At least he (Metsimetsi) is going to jail for what he did,” said Emily Duma. “This is not going return what we have lost.
“Albert was my hero,” added Christine Macoby. “He was a caring brother. He was always laughing and smiling. I really miss him.”