Donile gets 27 years
Convicted murderer begins his prison term
Convicted murderer Tonny Donile was defiant as he left the Port Alfred Regional Court last Friday and even managed to “flip the bird” after being sentenced to an effective 27 years in prison for one count of culpable homicide, another for housebreaking and a third count for murder.
Donile was arrested in August 2016 and has been in police custody since.
Despite many court appearances over the intervening period when the accounts of forensic witnesses, police and medical personnel were heard, Donile remained adamant that he was innocent of the murder of alleged robber Khwezi Memani in 2010 and businessman Noel Maddocks in August 2016.
Back in 2010, Nemato tavern owner Donile had lain in wait for robbers, whom he believed were targeting his tavern. He managed to catch 20-year-old Memani and an accomplice after they entered the tavern through a window.
The evidence of how Memani was brutally beaten, possibly with a brick to the head, was presented to a shocked gallery earlier this year.
Magistrate Kenny Cooney, who has resided over the case since it was first taken to court, said it was not possible to determine that Donile had premeditated the death of Memani, but added that any reasonable person would have understood that Memani was no threat after Donile, a kick-boxing trainer, had got him to the ground, inflicting several near-fatal injuries including broken ribs, a perforated lung and a compound fracture to his leg, and that Donile should have stopped beating Memani and called the police.
“On this basis I cannot call this premeditated murder,” said Cooney. Donile was therefore found guilty of culpable homicide.
As for the second and third counts, Donile had told the court, through his attorney Mark Botha, that witnesses, the police and the forensic official had conspired against him with respect to counts two and three. He remained adamant that he and his former partner, Pia Roser, were still in a relationship at the time of the death of Maddocks and he had therefore not illegally entered the property in Albert Road as he had been still living there. In previous appearances Botha had claimed that Roser’s entire testimony had been discredited, but Cooney did not agree and handed down a sentence of two years imprisonment for housebreaking.
As for the murder of Maddocks, Cooney said in his summation that Donile had no respect for law and order and seemed to have a different view of the events than made sense to the court. “The court knows that your actions were completely unnecessary and you have shown no shred of remorse for your actions.
“Your actions were brutal and shocking,” said Cooney.
For the Maddocks murder Donile received a sentence of 17 years imprisonment. As counts two and three will run concurrently, Donile will serve an effective 27 years in prison.
Supporters of the convicted murderer surrounded him as he left the courtroom and he was immediately put into a jail cell by police, awaiting transportation to prison.
OFF TO PRISON: The Port Alfred Regional Court found Tonny Donile, centre, guilty of culpable homicide as well as housebreaking and murder in two incidents that took place in 2010 and 2016 respectively