Brtis – Brave Jacky Jewell, the daughter of Patrick Jewell who was fatally crashed into by a teenage joyrider, says she is “shocked and disappointed” at the lenient sentence imposed on the culprit by the court.
Jewell, a 65-year-old father and grandfather, died nearly three weeks after the 21 September 2021 incident.
On Wednesday, (2 October 2024), nearly three years after the deadly crash, the Brits Magistrate’s Court sentenced Kgaugelo Masenya to three years of correctional supervision, of which all three years he will be under house arrest.
In addition, the court ordered that Masenya must perform 16 hours a month of community service at the Polokwane Provincial Hospital.
In handing down the sentence, Magistrate Elna Moolman said while she considered the crime very serious, she was mindful that Masenya was 16 years old at the time.
“A life was lost because of what you did,” she said.
“I cannot ignore what his family and specifically his daughter has gone through.
“I hope the family finds solace at the loss of a loved one in the sentence imposed.”
However, after the court case, Jacky said the three-year sentence did not befit the severity of the crime.
“Even though I still don’t feel it’s enough, but the justice system, according to them, this is what he needs to get,” Jacky said.
“Eventually, after three years, he’s got his sentence.”
AfriForum’s Private Prosecution Unit said the deceased Brits grandfather’s family suspected that the failure to investigate the case speedily resulted from police officers covering for one of their colleagues.
The unit said the teenage driver’s father is a captain in the police’s VIP Protection Unit.
“The case would not have progressed this far if AfriForum’s Private Prosecution Unit, which represents Jewell’s daughter, Jacky, had not intervened to ensure that it was thoroughly investigated and enrolled for trial,” the prosecutions unit said in a statement.
In May, 19-year-old Masenya pleaded guilty to culpable homicide and reckless and negligent driving for causing the car crash that led to the 65-year-old’s death.
Commenting further on the matter, Jacky said: “I thank AfriForum for being there every step of the way and I hope there’s more cases that AfriForum can win and assist with and help people.
“Because you really feel the justice system is just failing you completely, and which they do.
“But if I didn’t have AfriForum, it would have been just another lost case.”
Jacky recalled that as part of the sentencing process, the AfriForum Private Prosecution Unit commissioned a private case preparation officer Karen Tewson to help her prepare a victim impact statement.
“Karen helped me so much through everything,” Jacky said.
“She listened to me.
“The victim impact statement is there to assist people like us going through this and making a statement on how much this really impacts our lives.”
Afriforum Private Prosecution Unit spokesperson Barry Bateman said delays in finalising cases prolong the trauma experienced by victims and loved ones.
“While we are relieved Jacky can put this process behind her, waiting three years to finalise the matter has caused her and her family additional grief,” said Bateman.
“And it would not have reached this stage without intervention from AfriForum’s Private Prosecution Unit.
“The delay in finalising the case also impact the accused, and we support Jacky’s hope that the sentence serves as a lesson to Masenya, and that he grows up to be a role model for others.”
