Kimberley guest house killer handed life sentence
THE MAN convicted of fatally shooting Ashwin Malan at Atlantis Guest House in Kimberley was sentenced to life imprisonment, a day after the eighth anniversary of Malan's death.
Malan was killed on the night of September 8, 2016, when Derrick Fyfers shot him multiple times during what was initially thought to be a botched robbery at the guest house.
Northern Cape High Court Judge Johnny Ramaepadi convicted Fyfers and his co-accused, Marlin Koopman, in connection with the incident.
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Fyfers, identified as the shooter by Koopman during the trial, was found guilty of premeditated murder, attempted robbery, possession of a firearm and possession of ammunition.
He received a life sentence for the murder, five years for attempted robbery, and 10 years each for possession of a firearm and ammunition. The sentences will run concurrently.
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Koopman, who was convicted of attempted robbery for his role in the incident, was sentenced to five years in prison.
During the trial, Koopman testified that Fyfers was the mastermind behind the scheme. He and three other men accompanied Fyfers to the guest house after Fyfers told them about a “spin” to steal flat-screen televisions and a generator.
Koopman explained that their plan failed when the driver of the getaway vehicle fled the scene upon hearing gunshots, and they were unable to steal any property.
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Judge Ramaepadi delivered a verdict heavily laden with contempt for the actions of both accused. Addressing Fyfers directly, the judge did not hold back, describing him as "brutal" and labelling him a "monster" for his crime.
“Accused one (Fyfers), was out on parole for a previous murder he had been convicted of. He was sentenced to 38 years for that murder. In 2014, he committed another murder. By granting him parole, the Correctional Services had shown him mercy. Correctional Services cannot be blamed entirely as it did what it thought was right and that the accused could be given a lifeline to restart his life. It is only a hardened animal who does not appreciate the lifeline he was given and then goes on to take another life,” said Judge Ramaepadi.
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“The pathologist testified that the blood splatter and gunshot wounds inflicted on the deceased indicated that he was shot at very close range. According to the doctor, the distance between the shooter and the deceased was not more than one metre. That told the court that you must have looked the deceased in the eyes and pumped bullets into his body. That makes you a monster.”
The judge further emphasised that there were no compelling circumstances in Fyfers’ personal background that would justify deviating from a life sentence.
“Fyers, you are 55 years old and you told the court that you are a father. You further told the court that you have a medical condition in that one of the valves of your heart is no longer working. A person of your age is expected to possess some wisdom and act responsibly. It is disappointing to children if their father is involved in criminal behaviour - how does a parent correct and teach their children when the parent is involved in criminal activity?
“You also maintained your innocence throughout the trial and never took the court into confidence by telling what transpired that night. This is despite several witnesses placing you at the scene. You have no remorse and nothing seems to affect you. You watched as the mother of the deceased wept for her son, but it did not affect you.
“I wish that imposing a life sentence would literally mean that you would be locked up for your entire life. However, because you are already at an advanced age, you do not have many more years. The law states that the court should not look at an accused and say it wants to set an example through imposing a harsh sentence, but judging your actions and the results of those actions, how does the court tell you that you get another chance?” asked Judge Ramaepadi.
The judge added that society pays a significant price to protect itself from individuals like Fyfers and Koopman.
“There are many of us who live in constant fear in our own homes, which are supposed to be safe havens. When something bad happens, we all want to go home to find peace and tranquillity. What then happens when your safe haven is invaded and you are killed inside your home, as in the case of the deceased?
“This country has security complexes mushrooming because people are afraid of characters like the accused, who can barge into our homes in the middle of the night and take our property or even our life,” he said.
Judge Ramaepadi addressed Koopman, noting that he found himself in court alongside Fyfers due to his association with the shooter. However, he acknowledged that Koopman’s testimony was crucial in strengthening the State’s case and led the court to show him some mercy.
“The fact that you opened up and told the court what happened on that night should give some solace to the family of the deceased. I wonder why you pleaded not guilty when your own evidence convicted you?
“Though the court feels sympathy for you and that you might put your life right, as you are only 40 years old, you do however need to be punished. The court is mindful that the attempted robbery was a crime in vain as nothing was taken, however, you did nonetheless commit a crime.
“You also did not see anything wrong with going to steal the televisions and the generators. You said you went to the guest house for a ‘spin’ because you needed to buy nappies for your child. You committed a crime for self-gain and that is what is wrong with our country.”
Judge Ramaepadi concluded by stating that neither of the men were suitable candidates for rehabilitation.
“It seems like both accused cannot co-exist with society. Both have previous convictions of murder. If you cannot maintain the peace in society, then you are a menace to society. I hope society will from now on be able to sleep better as the accused are behind bars,” he said before he adjourned.
