GROUNDUP: Police and NPA liable for Gqeberha murder by man out on bail
The Gqeberha High Court has found the minister of police and National Director of Public Prosecutions negligent.
The Eastern Cape High Court has ruled that the Minister of Police and National Director of Public Prosecutions (NDPP) are liable for negligently allowing a man who was out on bail for murder to commit a second murder. In December 2014, 42-year-old Clint Ovrenovitz was murdered by two men, one of whom had a prior murder conviction and was considered a "most wanted" criminal by police.
The murderer, Siphumelele Phethelo, was sentenced to life imprisonment in 2016. Ovrenovitz's widow and two adult children filed a civil claim for damages against the Minister and NDPP, claiming that they had a legal duty to properly investigate Phethelo's bail conditions and ensure his arrest. Judge Bantubonke Tokota found that Phethelo had lied about having no previous convictions and that the investigating officer and prosecutors failed to properly investigate the situation, given Phethelo's violent past and status as a "most wanted" criminal. The court has yet to determine the amount of damages to be paid.
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