Drink-spiller relieved to avoid prison sentence

INLSA

Daryl Peense heaves a sigh of relief at the conclusion of his trial in the Durban Magistrates Court yesterday for spilling a drink on President Jacob Zuma. Picture: Terry Haywood

Tania Broughton

DARYL Peense, who has reluctantly become famous for spilling his drink on President Jacob Zuma at last year’s Durban July, remained adamant after being fined for the crime yesterday that it had been an accident.

But he was “on top of the world” that the trial was over.

“I will have my first good night’s sleep in two years tonight… or maybe even this afternoon,” he said after receiving an effective fine of R4 000 (or two months’ imprisonment) from Durban magistrate Guguletu Mpikeleli.

“I will take everything but jail,” he said of the sentence, the relief evident on his face.

Peense – who owns an online betting shop, but who has been suffering financially because of legal fees – has been attending rehabilitation at the SA National Council on Alcoholism and Drug Abuse (Sanca) after a probation officer suggested he had a drinking problem. The magistrate yesterday made completion of the rehabilitation course part of his sentence.

Peense said he would definitely complete the course “for my own good” and would then consider his options. “I can’t afford an appeal now… but my mind will be more focused and maybe I will win on one or two (horse) races… I am innocent… I was inebriated and did not do this intentionally.”

Peense was convicted of assault for spilling a few drops of his whisky on Zuma from a balcony overlooking the parade ring at the horseracing event.

The charge against him was laid by Zuma’s bodyguards, and evidence in the trial was that the president had not even been aware of the incident, let alone the court case.

Passing sentence, the magistrate repeatedly told Peense that Zuma – the first citizen of SA – deserved respect from every South African.

Mpikeleli said Peense’s actions were disrespectful to Zuma and the office he holds.

She said the constitution gave every citizen the right to dignity.

This type of offence, she said, could cripple democracy.

However, she took into account that Peense had taken steps to rehabilitate himself and that he had suffered financially because of the trial.

She sentenced him to a fine of R8 000 (or four months’ imprisonment), half suspended for three years, and declared him unfit to possess a firearm.