Durban – The State on Thursday demanded a robust sentence be imposed on Blayne Shepard – the man who attacked a former royal marine Brett Williams on the night he died.
Shepard’s lawyer in turn argued in the Durban Regional Court that his client should not be punished to avenge Williams’ death.
Shepard will only know later on Friday what Magistrate Trevor Levitt made of the arguments put forward by state prosecutor Krishen Shah and Advocate Christo van Schalkwyk during sentencing procedures on Thursday. Levitt is expected to sentence the 25-year old for his role in the 2013 death of Williams after a Super Rugby match at Durban’s Kings Park stadium.
Van Schalkwyk argued that his client should receive correctional supervision and that it would serve no purpose to remove Shepard from society.
Shepard was convicted in June of culpable homicide for his role in the fracas at Kings Park Stadium on the night of March 23, 2013, that led to Williams’ death.
Shepard was initially charged with three others of killing Williams. A fifth, Grant Cramer, was initially charged with assault, but turned State witness.
The case against Andries van der Merwe, Dustin van Wyk, and Shepard’s older brother Kyle was discharged in December.
They had each faced charges of murder, assault with the intent to do grievous bodily harm, crimen injuria, and public violence.
Levitt ruled “uneasily” that the evidence against the three did not reach the required standards for a prima facie case against them.
Van Schalkwyk pointed out that while his client was the only one to be convicted, it was a fact that more people had participated in the punch-up that led to Williams’ death and that his client should not be punished for the actions of others who had not been prosecuted.
He said there was no intention or planning on his client’s part. “This offence is one of negligence.”
Referring to the outrage of the community, he said: “The community out here cries out for blood because they do not know. He should not be punished to avenge. The contributory conduct of the deceased must be taken into account.”
During the trial the court had heard that Williams was involved in a number of incidents prior to the fatal beating.
Van Schalkwyk said that society would not gain anything from Shepard’s incarceration and that it would be better served by his being a productive member of society.
“If you sit in prison, what value do you add to society? The punishment is that you shall pay back.”
He said that such a punishment would be better served with a term of correctional supervision.
However, Shah argued that: “Prison is a place of punishment. There needs to be some punishment. The State is asking for a robust sentence.”
He described the attack on Williams as a “cowardly act” in which he was “greatly outnumbered”.
He said it needed also to be remembered that Williams was trying to retreat when he was attacked.
Earlier on Thursday, the court heard Shepard’s father describe how their lives had become a living hell since the incident.
Shepard, who described his son as a “big softy”, said that the family had been persecuted on social media by “keyboard cowards”.
“You are judged and prosecuted by social media.”
He said that he, his wife and his family had effectively served a prison term since the incident.
He said his family had been subjected to various snide comments and abuse through social media channels such as Facebook.
“We have been in prison as a family. They have already convicted you. We seldom go out.”
ANA