A MELMOTH man who in 2015 accidentally killed his three-year-old daughter with a golf club will not go to jail.
Siboniso Buthelezi (43), an employee at the Mthonjaneni Traffic Department, was last week handed a five year suspended sentence by the Melmoth Magistrate’s Court.
According to affidavits filed with police by the child’s mother, the couple were arguing in their Thubalethu home when he swung at her with a golf club, accidentally striking their daughter on the head.
The child was rushed to St Mary’s Hospital in Melmoth where she died of her injuries.
KZN police spokesperson Major Thulani Zwane confirmed at the time that a case of murder had been opened.
A former state prosecutor, who wished to remain anonymous, said mitigating circumstances surrounding incidents like these could ensure less harsh sentences owing to the personal grief suffered by the parent.
‘If it is proved beyond reasonable doubt that there was no intention to harm the child, the court could feel that the guilt of a parent responsible for their child’s death is severe enough punishment and that no further justice would be served by sending the person to prison,’ she said.
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