Jail shooter, daughter begs court

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File photo

Published Mar 31, 2015

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Durban - A daughter who saw her father take his last breath, has called for the man convicted of his killing to be imprisoned.

Raquel Maistry, 22, was called to testify at the sentencing of former police captain, Prebashan Moodley, 52, at the Durban Regional Court on Monday.

Moodley was found guilty of culpable homicide last month for the death of his friend, Kevin Maistry, 53.

This followed a shooting that took place when Moodley opened fire while out with friends at a braai on the night of November 2, 2013, at a home in Asherville.

It was alleged that he was taunted by his friends about Liverpool football club (the team he supports) following their 2-0 defeat by Arsenal that evening.

He admitted to shooting at targets (beer cans) at the side of the braai stand, but denied shooting at Maistry, or even noticing him in the line of fire.

Yesterday, Maistry’s daughter, Raquel, testified in aggravation of sentence.

She spoke of their family’s grief and financial problems incurred since her father’s untimely death.

“Our families knew each other for many years, and had a good relationship. His actions caused my father to pass away. My father was a single parent and the breadwinner in our family, which includes my two brothers.

“I was dependant on him for everything. I cannot even continue my studies and I am currently working as a receptionist for a car dealership,” said the emotional Maistry.

She called for magistrate Delia Turner to hand down a prison sentence to Moodley, who she claimed had not shown any remorse.

“My father survived for about three weeks, and during that period of time wasn’t able to speak properly. I saw my dad take his last breath in front of my eyes. He died in front of me. There was no contact from the accused (Moodley), no one came to the funeral. There was no sympathising,” she said.

“I saw him about 3 to 4 times at a temple in January this year, during the Kavady (Hindu religious festival) prayers. He just stared at me and walked away. I would have expected an apology or even a message to be sent, but no one did so. I want justice to be served for the death of my father, and he should be sentenced to imprisonment,” she said.

Advocate Jimmy Howse, acting for Moodley, earlier provided a correctional supervision report which asked for Moodley to be spared jail time.

According to the report, Moodley, who was highly intoxicated at the time of the shooting, admitted his actions and behaviour was irresponsible.

He said he and Maistry were very close and their friendship spanned more than 20 years.

He realised his actions were wrongful, but could not plead guilty to a murder charge, as his intention was not to kill.

Howse argued in mitigation that Moodley could not apologise to the family because when the incident occurred he was charged with attempted murder, and was asked not to communicate with anyone involved in the case as part of his bail conditions.

He said Moodley did not attend the funeral as there were strong feelings against him which he received from extend-ed family. He was also prepared to compensate the family in any way possible.

The advocate said it was one irresponsible moment that led to the death of his close friend, which he described as tragic.

He argued that Moodley had also suffered immensely – emotionally and financially.

The last thing Moodley wanted to do was shoot his friend.

The matter was adjourned to later this week for sentencing as Turner asked to review the respective submissions by the prosecutor and defence.

Daily News

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