Convicted shooter pleads for suspended jail time

DERRICK Fyvers, the accused convicted of shooting a man at a local guest house, this week took the stand in the Northern Cape High Court for mitigation of his sentence.

Fyvers shot and killed Ashwin Malan at his mother's guest house in West End on September 8, 2016. He was convicted of the premeditated murder of Malan.

Fyvers told the court that he was out on parole after he was sentenced to 38 years for another murder that occurred in 1999.

He was also convicted of charges of robbery with aggravating circumstances, illegal possession of ammunition and the illegal possession of a firearm.

He told the court that he was suffering from a cardiac disease and that he was financially supporting his daughter, who can not work due to a medical condition.

Fyvers told the court that he had been supporting his daughter and paid her medical bills.

“I have four children. The youngest child, who is 30 years old, is unable to work as she was born with a hump on her back and her spine could not grow straight. I was self-employed as a carpenter and tiler prior to my arrest.

“There was some money that I had invested which paid out during the time I was in custody and this assisted her and my mother. However, I am not certain how much of these funds are left to maintain my family,” he said.

He told the court that his own health is also deteriorating.

“I have been suffering from a heart condition. I am receiving medication for my condition,” he said.

Fyvers said a lengthy imprisonment sentence would be “cruel”.

“In light of my circumstances, a lengthy sentence would not be beneficial. It would ‘coward’ me due to the state of my health. It will also not benefit my mother and daughter as well as the people that worked for me when I was employed. I had three to eight people who worked for me, depending on the size of the contract.

“I am currently not sure whether these people have managed to find employment elsewhere. I also support my sister, who is HIV-positive, and her two children,” added Fyvers.

He requested the court for a suspended sentence and claimed that he was not guilty of the murder.

“I would prefer a suspended sentence. I still stand by my word that I am innocent. In this case, I also believe that I am a good candidate for rehabilitation as I am a caring person,” Fyvers said.

Northern Cape Acting Judge Magafe Ramaepadi told Fyvers the fact that he is still denying being involved in the incident and that he was out on parole for a similar offence, did not show him any favour.

“Parole does not mean you are free. You were given a lifeline. Also, rehabilitation starts with admission. If you have committed an offence and you do not admit to having committed the offence, it means you are not a good candidate for rehabilitation,” Ramaepadi said.

The matter was rolled-over to today in order for the defence to obtain the medical records of the accused.