‘No justice for my son’ says mother of hit-and-run victim
On the counts one to five, Goodman was sentenced to six years' imprisonment which is suspended for a period of five years.
The mother of matric pupil Yamkelo Mdewuka (17) who was killed in a hit-and-run incident in 2018 says the sentence handed down to motorist David Goodman was a slap-in-the-face for the family.
Nana Mdewuka, said Goodman never once apologised during the court proceedings for taking her son’s life some four years ago.
“To get 18 months house arrest because of a medical condition is a slap in our faces. What is grossly unfair is that he is also still able to go to church and do various other activities during this house arrest period. While, I am happy people know the truth as to what happened, I really feel no justice was served for Yamkelo,” she said.
Senior Magistrate Basil King convicted Goodman in the Port Shepstone Regional Court on all six counts arising from the motor vehicle collision in Umtentweni on the evening of September 1, 2018.
Goodman pleaded not guilty to the charges.
The first count of the six related to culpable homicide.
Counts two to five related to offences in terms of various contraventions of section 61 (1) of the National Road Traffic Act, namely failing to ascertain nature and extent of injuries sustained by any person, failing to stop, failing to render assistance to an injured person and failing to report and produce his driver’s licence and ID within 24 hours after the incident.
On the counts one to five, Goodman was sentenced to six years’ imprisonment which is suspended for a period of five years.
Count six is defeating the administration of justice wherein the state said Goodman falsely reported that he was involved in an accident and that he had collided with a signpost.
For this count, Goodman received six months’ imprisonment which is suspended for a period of three years on condition that Goodman is not convicted of defeating the administration of justice or of perjury committed during the period of suspension.
He was further sentenced to three years correctional supervision which comprised of house arrest at his home in Southport for a period of 18 months.
This is provided that the house arrest does not operate during the periods reasonably required for the following activities: church services; attendance of programmes; recreation during the period determined by the supervision committee, acquisition of household goods during the period arranged and determined by the supervision committee.
Before handing down sentence, Goodman’s father was the only witness for the defence.
He testified to his son’s debilitating condition which amounts to him, the son, having no kidney function whatsoever and surviving on peritoneal dialysis which involves being connected to a dialysis machine from after 20:00 in the evening until around 05:00 the next morning.
According to Goodman Senior, his son, would die if sent to prison because of the chance of infection.
King said that had Goodman, been an individual who was not suffering such health issues, the court would have had no option but to send him to prison, and lengthy imprisonment at that, somewhere in the region of six to nine years would probably be considered appropriate.
In the circumstances though of this case the court had to decide on some other punishment.
The Correctional Services report recommended correctional supervision.
“If he fails to comply with the terms of the correctional supervision, he will in all likelihood have to serve a period of imprisonment. His future, or in this case, his life, is entirely in his own hands,” said King.
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