INLSA

Cape Town 16-02-09 Ben Zimri appeared at the Worcester magistrates Court this morning.following his Conviction of culpible homicide. Zimri was involved in a altercation during a rugby match after Rawsonville flyhalf Riaan Loots died in hospital. Picture Enrico Jacobs

He was convicted of culpable homicide for the death of Rawsonville flyhalf, Riaan Loots, and sentenced to five years imprisonment in a groundbreaking case.

Now Benjamin Zimri, who played for the Delicious Rugby Club, has come before the Western Cape High Court to appeal his conviction and sentence, which was described as “shockingly inappropriate”.

Zimri, who was further sentenced to a lifetime ban of competitive rugby, was found to have hit Loots in the throat before kicking him in the head when a brawl broke out on the field after a game in June 2006.

Loots was declared brain dead shortly after and died.

On Friday before Judge Vincent Saldanha and Judge Kenneth Klopper, Zimri’s defence counsel, Brendan Atkins, said the magistrate who had convicted Zimri had “cherry picked” evidence in terms of his judgment.

“People felt that somebody should be responsible for the incident but no one really knew what had happened,” he said.

“The magistrate selectively took evidence from the State’s case and he came to a conclusion that was not sustainable.”

Atkins said that in terms of the witnesses that the State had called in the trial, it was not entirely clear how Loots had sustained his injuries which he said was also inconsistent with medical evidence.

“If the court decides to uphold the judgment, given the circumstances, five years imprisonment is shockingly inappropriate.

“Zimri doesn’t pose a threat to society.”

Atkins went on to say that the game had been played in a “particularly robust manner” and while he did not wish to take away from the fact that a man had died, it was “a terribly unfortunate set of circumstances”.

“I can’t believe that any rugby player goes out with the deliberate attempt to permanently maim another player.

“Death on the rugby field is not substantial enough for a criminal case,” he said.

However, state advocate, Anthony Stephen SC, said that the sentence was not in the least bit shocking.

“It’s a serious matter. A person has lost his life,” he said, adding that the court should use this incident to “send out a clear message” that would act as a “deterrent”.

“Not by the wildest stretch of the imagination can a playing culture include an assault such as this,” said Stephen.

He said that while the magistrate had taken several mitigating factors into account at the time – such as Zimri’s age and that he had three dependent children, among other things – the aggravating circumstances had outweighed this.

“Zimri was appointed as the captain of the Delicious first team and it was also incumbent upon him to try to control the situation and reduce tensions that had arisen.

“Even in his own version, Zimri left the field without so much as an inquiry about the man who was clearly lying on the field in distress and receiving medical attention.

“He cannot claim the benefit of any expression of remorse.”

Judge Saldanha said that in terms of the magistrate’s judgment, it was not in fact clear why some aspects of the evidence had been rejected.

“Is it so improbable that Loots may have been injured by one of his own players?

“None of the Rawsonville players have come and testified,” he said.

Judge Saldanha conceded with Atkins that it was not entirely clear what had in fact happened on the field.

Judgment, however, has been reserved.

aeysha.kassiem@inl.co.za - Cape Times