2007-03-27 : Man charged for killing intruder

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2007-03-27 : Man charged for killing intruder

Postby GOSA » Wed, 2007-03-28 08:08

Man charged for killing intruder

March 27 2007 at 01:56PM

By Johan Schronen and Leila Samodien

A city resident has had his gun confiscated and faces a murder charge after
he shot dead a burglar who attacked him in his house early on Tuesday.

Police spokesperson Elliot Sinyangana said the occupant of a house in Buxton
Avenue, Oranjezicht, woke up at 3am when an intruder climbed through an
upstairs bathroom window.

The Cape Argus spoke to the 55-year-old man on Tuesday morning. He said the
burglar had clambered up a drainpipe to the top storey of the triple-storey
house while he, his wife and 14-year-old daughter were sleeping.

'I didn't want anything to happen, I just wanted him to go quietly'
The man who has not been arrested did not wish to be named for fear of
possible reprisals.

He said he had been woken when he heard scratching at the side of his house
and about 10 minutes later, as he peeped through his bedroom keyhole, he saw
a man walking up the stairs.

He then grabbed his pistol, which he has owned for 31 years, from his

"When I confronted him, I told him to go down the stairs," the resident told
the Cape Argus.

"I didn't want anything to happen, I just wanted him to go quietly."

The burglar was tall, of average build and about 25 years old, he said.

Police said the man had marched the intruder downstairs at gunpoint to a

"He made the intruder sit down while he was calling the police but the
unarmed suspect attacked him," Sinyangana said.

The resident said he had shot in self-defence: "He lunged towards me and
there was only the gun between me and him he might have strangled me I can't
believe what happened, I'm still in shock."

Sinyangana said the intruder had been fatally wounded in the chest.

Police on the scene said the intruder had clambered up a drainpipe to the
top storey of the triple-storey house.

The resident said his wife was badly traumatised by the incident, but that
his 14-year-old daughter had not heard the shot or woken up because the shot
had been muffled.

At his house this morning, blood could still be seen on the floor near the
front door where the burglar had been shot.

He added that police had told him it was procedure to open a murder docket
in cases of self-defence, but that an investigation would follow.

"A housebreaking docket has been opened against the intruder, but the
resident was also charged with murder," Sinyangana said.

The firearm was confiscated and forensic and ballistic experts combed the
scene of the shooting.

A police trauma counsellor arrived at the house to debrief the man and his

Sinyangana said the murder docket would be submitted to the Director of
Public prosecutions for a decision on whether to proceed with the murder
charge against the resident.

This article was originally published on page 1 of Cape Argus on March 27, 2007
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2007-04-02 : Letter : Charge for shooting is procedural

Postby GOSA » Wed, 2007-04-11 07:48


Charge for shooting is procedural

April 02, 2007 Edition 1

Your reporters Johan Schronen and Leila Samodien, in their
article about the shooting of an intruder (Cape Argus, March 27)
give a false impression and surreptitiously suggest that the
police are soft on crime and are siding with criminals.

Their suggestion that the house owner who shot a burglar dead is
in trouble with the law is mischievous. This type of reporting
sends out the wrong message to everyone, criminals and law-
abiding citizens alike, suggesting you cannot defend your life,
or the lives of your family against an intruder without falling
foul of the law, thereby making would-be criminals feel more
comfortable and motivated to commit crime.

For the record, when someone is shot dead, whatever the
circumstances, a murder docket is automatically opened. The
firearm is temporarily confiscated in order to check the
ballistics of the weapon, in order to ensure that it has not
been used in any other crimes, and the docket is then forwarded
to the Director of Public Prosecutions, who then considers the
circumstances and makes a decision on whether to go forward with
a prosecution or not. All of this is standard procedure.

The bottom line is that if an intruder is in your home and you
are in danger of being killed, then you are entitled, in law, to
defend your life by whatever means are available to you, and if
during this process should the assailant be killed, then the
Director of Prosecutions would in all probability find the death
of the assailant to be justified homicide and the matter would
end there.

Colin Bosman

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2007-04-11 : Letter

Postby GOSA » Wed, 2007-04-11 14:42


In response to Colin Bosman's claim that the report by Argus reporters
was mischievous (Cape Argus, April 2), all I can say is he must have
posted his response on April Fool's Day. Just where does Bosman get the
idea that charging a victim of a violent attack with murder is

Where the victim admits to shooting criminal scum when his life (or his
family) was in immediate danger there should, in terms of police
procedures, never be a murder docket.

I would suggest that Bosman get his facts right. The firearm should not be
confiscated as it then leaves the victim defenceless against reprisal
attacks. Maybe the police should be taught the difference as well.

Cape Town
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Postby GOSA » Thu, 2007-04-19 08:36

Cape Argus
It's just sick for police to charge victim with murder
April 02, 2007 Edition 1

The prize for the most obscene news of the year goes to the Cape Argus story of March 27 about an ordinary citizen whose home was invaded in the night by a criminal ("Intruder killed: man faces charges").

He confronted the man with a pistol and took him downstairs, where he tried to phone the police. When the man attacked him he fired a shot, kill-ing the intruder. The assistance he was given by the police was to have his gun confiscated and to be immediately charged with "murder".

How sick is this? Every single day we read about vicious criminals invading ordinary, law-abiding citizens' homes and very frequently not just robbing them, but murdering them. Often people are tortured, stabbed, strangled and raped.

There is evidence that the "things" that get into people's homes, whether in the townships or the suburbs, are morally and intellectually subhuman, full of hate and sadistic impulses that they do not hesitate to gratify once they gain control.

There is every reason to believe that if one of these "creatures" attacks you, he will kill you if he can and will kill or harm your family.

Unless I'm mistaken, the right to self-defence hasn't yet been repealed in South Africa. True, everyone knows that there are strong criminal preference policies in South Africa and that the government is excessively protective of criminal rights.

But in the circumstances of this story, where a man also has to protect his wife and child in a country where vicious murders and rapes are the norm, does he not have the legal right to defend himself? How does it happen that the victim is being treated the way normal countries treat a criminal?

It's baffling that the police, who know all too well what South African criminals do to their victims, should charge someone who is obviously protecting himself and his family, inside his own home, with murder and confiscate his weapon.

This can only damage the image of the police force further.

They can't catch murderers, rapists or vicious thugs, but boy can they throw the resources of the law against anyone who tries to defend himself!

I can only believe that this stupid policy comes from a political appointment at the top levels of the police (probably with a lot of criminal connections himself) or directly from the government, whose only response to out-of-control criminal violence is to attack anyone who complains.

G Behardien

Surrey Estate
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