Murderous cop denied parole

14 July 2010, 18:31

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Parole was denied on Wednesday for a former Midrand police inspector who forced two suspects handcuffed together to run away before firing several shots at them.

Former inspector Jacobus van Gund was jailed for an effective 18 years in 2003 for murdering a housebreaking suspect, trying to murder another suspect and attempting to defeat the ends of justice by threatening witnesses.

Van Gund was called to a plot in Laezonia, near Pretoria, in December 2001 to investigate a burglary.

By the time he arrived, the complainant had caught and handcuffed the two suspects.

He later testified that Van Gund assaulted them then ordered them to run, before firing several shots at them.

James Chakana was hit in the abdomen and died at the scene. Sam Gafane was wounded in the arm.

Van Gund unsuccessfully applied for parole in September last year after serving a third of his sentence.

He was again refused parole in February this year after the High Court set aside the earlier decision and referred the matter back for reconsideration.

He then launched a second urgent application in which he asked the High Court to order his release on parole.

Acting Judge B R Tokota on Wednesday dismissed Van Gund's application, saying he could not find that the Parole Board's decision had been unreasonable or biased.

The board ruled that it would not be in the interest of the community to release Van Gund too soon, viewed in the light of the seriousness of his offences.

It ordered that he attend further anger management programmes.

He will be able to apply for parole again in November next year.

Tokota said the right to be considered for parole should not be equated to the right to be freed from prison.

He said the board was entitled to take the seriousness of the offence into account when considering placement on parole, otherwise it would make a mockery of the justice system.

"... It is expected of those who are entrusted with the duty to protect the society to do the best they can to ensure, as far as is practically possible, that the justice system is not rendered a mockery by their conduct.

"If the board decides that for violent crimes it will enforce the will of the sentencing courts to keep offenders away from society this court should be loath to interfere," he added. - Sapa

The Star

Comments by Sonny

If inspector Jacobus van Gund was related to Shabir Shaik, he would be smoking Cuban

Cigars on the Durban Beach Front by now!

Who said 'justice is colourless?'