'Three-year sentence is insufficient': Hit-and-run case moved to higher court

Cape Town - A magistrate who was expected to sentence Moegamat Rafiek Hayners on two counts of culpable homicide on Thursday has referred the matter to a higher court where the convicted killer can be handed more jail time.

“You drove like the devil was chasing you,” Magistrate Khaleed Parker said.

Hayners, 25, of Hanover Park, pleaded guilty to two charges of culpable homicide at the Wynberg Magistrates’ Court for the deaths of six-year-old Shaylynn Arendse and her nanny Maureen Abrahams, 61, who were killed in a hit-and-run incident.

Hayners looked defeated on Thursday when Parker said he would be referring the matter to the Regional Court as the maximum three-year sentence he is allowed to impose would not bring justice to the victims or their families.

At the Regional Court, Hayners face between 15 and 20 years behind bars for culpable homicide.

Hayners had been driving 100km/h in a 60km/h zone on 27 September 2018 when he jumped a red robot at the intersection of 5th Avenue and Strandfontein Road, and rammed into Shaylynn and Maureen, who had been standing on the pavement waiting to cross the busy road.

Hayners fled the scene, but was followed by a former police officer who took down his car’s registration number.

Cops later found the vehicle abandoned at the home of a relative in Hanover Park.

Hayners handed himself over to cops days later and he was granted R1000 bail.

On 11 October he pleaded guilty to two counts of culpable homicide.

This, after the State argued that the evidence was so overwhelming, Hayners had no option but to admit guilt and demanded a harsh penalty.

Parker said legislation had to change for courts to allow for sentences to fit the crime.

“In our case, this was a painful and horrible death and an immense loss of life and the families are left to suffer for a long period of time,” said Parker.

“The accused took their lives by knocking them over, he was reckless and I am struggling to comprehend this; they stood on the sidewalk waiting to cross when it was safe.

“But the accused was lawless, he didn’t care, he was in pursuit of his self-satisfaction and he drove like the devil was chasing him.”

He said in such a case it was difficult to prove intent, but Hayners should have been charged with murder.

“I do believe three years is insufficient. In the light of this, I order that the matter be referred to the Regional Court for sentencing.”

The case was postponed to 18 February to set a Regional Court date.

Outside court, Shaylynn’s grandmother, Brenda Tommy, and Maureen’s son, Fernando Abrahams, said they were satisfied with the outcome.

While out on bail in 2018, the Hawks busted Hayners with drugs worth R8.9 million, for which he is also on trial.

Daily Voice