Ex police dog handlers jailed
2003-08-04 20:03
Pretoria - Former East Rand police dog handlers Nicolaas Kenneth Loubser and Dino Guiotto, who set their dogs on three illegal immigrants, were on Monday sentenced to effective prison terms of two and three years respectively.
Leave to appeal against the sentence was denied by Pretoria High Court Judge Dion Basson. He ordered the men start serving their sentences immediately as the case had been dragging on for too long.
Basson also said it was in the interests of justice that the men not be released on bail pending the filing of a petition by their legal representative against the denial of leave to appeal.
Loubser and Guiotto were convicted in March on three counts of assault with intent to do grievous bodily harm and attempting to defeat the ends of justice.
Loubser was sentenced to five years imprisonment, three of which were suspended on the three assault charges. Guiotto was sentenced to five years in prison, two of which were suspended.
The sentences were suspended on condition that neither was found guilty of a similar crime in that period.
Both men were sentenced to one year in prison on the charge of attempting to defeat the ends of justice. The sentences would run concurrently.
Pressure from seniors
Handing down sentence, Basson said the defence's strongest argument in mitigation of sentence was that sentences needed to be considered individually and that the accused had acted under pressure from their seniors.
Referring to a clinical psychologist's report in which it was said the accused could have got out of the so-called training exercise if they wanted, Basson said they had their own reasons for participating.
These included that they did not want to damage their careers, and that they were dedicated policemen. They, however, participated in a "reprehensible" act.
The community, he said, demanded a suitable sentence for such a serious crime. Correctional supervision was not a suitable sentence.
Basson said because of the seriousness of the crime direct imprisonment was the only suitable option.
Loubser's girlfriend and Guiotto's wife cried during sentencing, hugging and kissing the men goodbye inside the courtroom as they were handcuffed and led away.
- SAPA