News24

Ex-constable guilty of wife's murder

2012-10-19 22:14

Pretoria - A former policeman who gunned down his wife after an argument in Pretoria central two years ago was on Friday found guilty of murder by the North Gauteng High Court in Pretoria.

Judge Nomonde Mngqibisa-Thusi rejected Daniel "Bra Dan" Mphamo's evidence that his wife, Constance Mabena, had been shot accidentally by a ricochet bullet as they struggled for possession of his service pistol.

Although the State had only presented circumstantial evidence, as no one appeared to have witnessed the shooting, Mphamo's version was not reasonably, possibly true.

The former constable claimed his wife had pushed him to the ground and was on top of him, trying to get at his firearm, when a shot went off.

Shot in back of head


Mabena was rushed to hospital after Mphamo disappeared from the scene, and died of her injuries more than a month later. Mabena had been shot in the back of the head.

She had obtained a restraining order against him about six months before her death.

The manager of the Engen petrol station where the shooting happened testified he had separated Mphamo and his wife, who were arguing behind the pub on the premises, and was about to leave when he heard two shots.

He found Mabena lying on the ground, and no sign of Mphamo.

Mphamo's nephew testified that the accused had arrived at his home in Soshanguve around midnight that night. He was crying and said a shot had gone off while he and his wife were grappling for his gun.

Impossible

A ballistics expert called by the defence testified the bullet that hit Mabena was a ricochet, but said it could not have entered the back of her head while she was on top of Mphamo. The expert could also not exclude the possibility that Mabena had been hit by a direct shot to the back of the head.

The judge said there was no way the bullet would have struck her where it did if she was on top of Mphamo when the shot was fired.

Thusi said Mphamo's conduct afterwards was not that of someone involved in an accidental shooting. He also gave no explanation why two cartridges were found at the scene if only one shot had been fired.

The trial would continue on 4 December.

Comments
  • Sechaba30 - 2012-10-20 05:36

    Hehehehe, what a nice excuse

  • motleleng - 2012-10-20 07:03

    Say 'Hi' to Jub Jub....

  • Grant Wykerd - 2012-10-20 07:23

    Please explain why this 'open-shut' case has and is taking so long to be finalised!? The rotten cop had a restraining order against him. He breached it and his service pistol used in the murder! What are you Lawyers learning in law school these days!? What is the purpose of a restraining order!? By merely being near her he is guilty.... the end!!!! Must you feel threatened and then be killed for your restraining order to take effect (Too late, don't you think?)!? What a joke SA..... Why not start by sentencing this moron to life in jail just for breaking the restraining order, to show others that a stern penalty for this alone exists and then sentence him to another life term for using his service pistol and then another life term for the murder!???? People need to take restraining orders seriously or more innocent people will die while falsely believing that a restraining order will protect them!!!! What a joke and disgrace to humanity..... In closing, the last sentence here should read, 'sentencing will take place in December' not the case will continue.... It's over for this rotten PIG and may all other PIG's with similar tendencies be discovered and jailed accordingly... Hope prisoners find out that he was a cop, they will sort him out surely...

  • mukosit - 2012-10-20 07:27

    I'm starting to buy his side of the story. Maybe it would be better if someone was there witnessing the incident or taking a vedio.

      Grant Wykerd - 2012-10-20 07:39

      You must be joking! Comments like yours should be moderated.... Let's examine the facts: She was at her workplace, right? He broke the restraining order by simply being there, right? His SERVICE pistol was used, right? He ran away like a guilty person, right? If he did not go there, with his gun, none of this would be happening, right? Thank goodness you are not a lawyer....

  • witwolf.digter - 2012-10-20 07:58

    Typical... Another no good cop...

  • rungano.pawandiwa - 2012-10-20 15:03

    This is a lame excuse thanks to the judge who used his sense to prove this slut wrong. One thing that was not on his mind before defending himself is,he was not allowed near his victim because of the protection order against him so either ways he is guilty. Sent him to jail and bring back death penalty to all the killers...

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