‘I was served a life sentence with no parole’ - murder victim’s mother

AS THE man convicted of murdering 29-year-old Ashwin Malan, who is also a former parolee, appealed to the Northern Cape High Court to avoid a potential life sentence, the victim’s mother testified that her son’s killer had effectively sentenced her to a life without parole.

Stephanie Cloete provided testimony during the mitigation phase of the trial for the two men, Derrick Fyvers and Marlon Koopman, who were accused of murdering her son at her guest house on September 8, 2016.

Fyvers was convicted as the shooter and also faces charges of illegal possession of a firearm, illegal possession of ammunition and robbery with aggravating circumstances. Despite this, he maintains his innocence, claiming he did not kill the victim. His co-accused, Koopman, was convicted of robbery with aggravating circumstances.

Cloete emotionally testified this week that her family had to make significant life changes following her son’s death.

"I had run my guest house business for many years in Kimberley. I have been staying in Kimberley since 1995. I loved the business tremendously and even saw it as a legacy I could leave to my children. However, after my son was killed at the place I loved, I could no longer keep running the business. I closed down the guest house. My family and I moved out of Kimberley like thieves in the night,” said a tearful Cloete.

“I was the first person to come across the body of my son and could never look at the premises the same way as I did before, as that was the place where my son was killed. I was served with a life sentence with no parole.”

Cloete said that she, her family and the community members who knew her son had high hopes for his future.

"My son used to help me run my business. In fact, my plan was that once I had gone on retirement, he would take over the business from me. He was also a role-model to his younger sister. The two of them had a close bond. He bought his sister her car. My daughter was studying law at the University of the Free State. My son was very focused and driven. His passion rubbed off on his sister who was an A-student. However, after my son died, my daughter dropped out of her studies and went through a very tough time in trying to process the death of her brother. Her mental health at that time took a huge knock. Eight months after the passing of my son, my daughter lost her car. My daughter has never been the same since and has lost her passion for the things she loves,” Cloete said.

When asked by the court how she had personally dealt with the situation, she described it as an ongoing battle.

"None of us have truly dealt with this loss. I miss my son every day. I have pictures of him on my phone, but those are just pictures. A picture does not replace having the person in the picture next to you. I used to be a bubbly person with a passion for the industry I had a business in, but currently, we are just trying to live with the loss and void we feel.”

She said she had previously sought professional help to cope with her loss.

"I had gone to see a therapist, but I only went once. I do not want to be medicated or sedated in order to function. That would not truly be functioning when you are medicated. My son's life ended in a heart-breaking manner, but I cannot medicate myself to hide from the pain; the loss and void will still be present once the medication has worn off. It is very difficult and the loss is unbearable, but we need to move on. Our driving force at this moment is the fact that we want to see justice prevail in this matter," she said.

The court enquired what Cloete would ask the perpetrators if she had the chance to sit across the table from them.

"The question I would ask is why did they kill my son in such a brutal manner? They could have taken anything on the premises and spared his life. All those things are replaceable, but a human life is not. I do not understand why they had to do that to my son," Cloete wept.

The case was postponed to September 9.