Durban – Despite a finding that his remorse was not genuine, Facebook racist David “Dawie” Kriel was on Monday given a wholly suspended sentence in connection with a racist post about Indians on Facebook .
While Magistrate Themba Sishi said he had not bought the apology Kriel made after his rant about Indians during Diwali, he sentenced him to a fine of R6 000 or 12 months in prison, suspended for five years provided he was not convicted of crimen injuria again during that time.
Kriel pleaded guilty to crimen injuria in January after he was charged for a post he made on the Facebook group Gatvol Bluff: “To those idol worshipers and devil disciples who buy them (fireworks) in the name of religion, f**k-off back to your dark hole in the backwoods of India I could strangle you morons with my bare hands and derive great pleasure in watching your face turn blue and your tongue pop out.”
The next day, he posted an apology.
But Sishi said he had not expressed “sincere penance, openly”.
The magistrate went through the different evidence brought before the court, including four victim impact statements the State had handed in.
“The deponents of those statements were all from different walks of life,” he said. “But all expressed concern that Kriel’s comments could derail nation-building.”
The defence had submitted Kriel had been in a relationship with an Indian woman for 15 years and cared for her children.
But Sishi said it was difficult to understand this, because he should have learnt to be more tolerant of different religions.
“The language he used was hurtful, humiliating and demeaning,” Sishi said. “It was vulgar and went against the constitution”.
Sishi said Kriel would not be able to afford a heavy fine, and was reluctant to send him to jail because he was being treated as a first-time offender.
Kriel did have two previous convictions but they were for unrelated crimes, Sishi said.
Outside of court, SA Hindu Maha Sabha president Ashwin Trikamjee said he was disappointed with the sentence.
“We expected a sentence that would send a message to society that this behaviour will not be tolerated. While the fine and the sentence appear to be harsh, the suspension somewhat dilutes the effect.”
The leader of the DA in KwaZulu-Natal, Zwakele Mncwango, echoed Trikamjee’s sentiments. “The court agreed his apology was not genuine. Perhaps they could have sentenced him to community service.”