- The family of a nurse killed by a former police officer, who is now a quadriplegic, has pleaded for him to be jailed.
- The family believes the convicted killer must demonstrate to the court he is disabled.
- Lucky Mudau became a quadriplegic after he attempted to kill himself after he killed his lover, Lebo Monene.
“He is a murderer and deserves to be kept with fellow murderers.”
The family of slain Tembisa Hospital nurse Lebo Monene has refused to accept her former lover, Lucky Mudau, is unfit to serve a prison sentence for killing her.
On Tuesday, the Gauteng High Court in Johannesburg heard there was no prison that could accommodate Mudau, who is a former police officer.
The acting deputy commissioner of healthcare services at the Department of Correctional Services, Mmamekhise Marriam Mabe, told Judge William Karam the country’s prisons could not accommodate a quadriplegic inmate.
Mudau was paralysed after attempting to kill himself after shooting Monene dead at the hospital where she worked.
He is wheelchair-bound and relies on help from his family to move about and clean himself.
READ | ‘He gave himself life imprisonment’: Court hears SA prisons can’t accommodate paralysed killer
“This is the position of the department nationally. We must accommodate all convicted inmates. We provide care to all inmates, given the mandate to provide primary healthcare to all inmates,” said Mabe.
“The care required by quadriplegics is not primary healthcare. The type of patient will require the care provided by rehabilitation centres.
“If we have such an inmate, on admission, there is a probation of assessment comprising screening, and it would be found he won’t provide self-care and daily living services.
“We won’t be able to care for such a patient. Our services will not be able to make provisions for a quadriplegic inmate.”
Monene’s uncle, Ephraim Monene, said the family was disappointed by Mabe’s remarks.
“We are now seeing the direction where this matter is heading. We hoped he would be sentenced to life imprisonment. We were going to be happy if he is sentenced to life imprisonment.
“He killed our daughter in cold blood. He deserves to be in jail. We don’t understand why Mudau shouldn’t be sentenced to a custodial sentence.”
He added the Monene family would have loved to meet with Justice and Correctional Services Minister Ronald Lamola.
We disagree with Mabe’s evidence. Mudau has hurt us. My niece was a hard worker for her children. She was killed for nothing.
“Mudau planned her murder. He attacked her at her workplace and shot her dead. He is a murderer and deserves to be kept with fellow murderers.
“He was an abusive man. He never treated her with respect. He deserves life imprisonment.
“The court should have ordered him to demonstrate to us that he can’t be able to stand or walk. There is no physical evidence displayed before the court that he is a quadriplegic,” Ephraim said.
Prosecutor advocate Vincent Maphiri said the court was dealing with a unique matter.
“This offence carries a sentence of life. The deceased was a nurse.
“We are sitting with this case where the State would recommend life imprisonment under normal circumstances. His circumstance can’t outweigh the crime.
“This is the first of its case. We can’t dwell more on the seriousness of this offence and how her death affected her family.
“Their child was robbed of a mother. He needs to be maintained. She was a nurse maintaining her family and son,” added Maphiri.
“Mudau is a trained policeman. He shot her several times, not once. He did do it with atrocity. Correctional services are bestowed with powers to accommodate all inmates. With this matter, they are faced with a problem.
“The court must act judicially. This is not the court of revenge. The court must act and impose an appropriate sentence,” he said.
READ | A former cop, now in a wheelchair, shouldn’t go to jail for killing his lover, court told
Advocate Paul Leisher for Mudau argued the court was faced with a unique matter and should impose a unique sentence.
“He is in his wheelchair for the rest of his life. He can only speak and think.
“I’ve struggled to consider a sentence appropriate in these circumstances. The people keeping him alive are his family.
“Fortunately, he has a family that loves him. Life imprisonment prisoners can come out of prison. Unfortunately, he will never. He has no decision-making capabilities. He has no freedom at all to do anything.
“This court will decide on an appropriate sentence where no prison in the country has accommodated him for a single day.
“We know the death sentence has been declared unconstitutional. If the sentence is for a day or two, we might as well impose a death sentence.”
Leisher added had it not been for Mudau’s family, he would not be alive.
He is on the doorstep. The only thing [keeping him alive] is the love he gets for his family. Mudau deprived the family of the deceased and their loved ones. I don’t blame them.
“The only appropriate sentence is non-custodial. The day they decide not to care for him, it’s the day he will die.
“Substantial and compelling circumstances warrant your lordship’s interest with the minimum sentence. Correctional supervision is the appropriate sentence,” he said.
Karam added the court knew it was extremely aggravating the deceased was shot multiple times. “The court is fully aware of aggravating features in this matter. Mudau is unable to perform community service due to his condition.
“In another unfortunate case of GBV [gender-based violence], the deceased was shot multiple times. The court is fully aware of aggravating features in this matter.
“Mudau is unable to perform community service due to his condition. He has sentenced himself to a severe sentence that the court can impose of life imprisonment.
“Has he not, through his actions, faced with the results and sentenced himself to life in the confinement of a wheelchair where he can’t do things for himself?
“He is the author of misfortune and wrongdoing. The accused is a permanent quadriplegic and gave himself life imprisonment in a wheelchair.
“Dictates by society and family members do not bind the court. Understandably, the family is angry,” he added.
“This is a shocking incident. Having regard to the situation he finds himself in, be it that is self-inflicted.
“I believe it would be cruel, inhumane and not in the interest of justice and seeking revenge by sentencing him to a custodial sentence. This court has never shied away from imposing life sentences in suitable matters,” Karam said.