LIFE IMPRISONMENT FOR THE MURDER OF THE SON OF A GUESTHOUSE OWNER
Kimberley, South Africa – The High Court of South Africa, Northern Cape Division, sitting in Kimberley, has sentenced Derrick Fyvers and Marlon Koopman for their roles in the premeditated murder of Ashwin Malan, the son of a guesthouse owner, as well as robbery with aggravating circumstances. The criminal charges also included unlawful possession of a firearm and unlawful possession of ammunition.
The charges stem from a tragic incident on 8 September 2016, when the accused entered the Atlantis Guesthouse located on Greenstreet in Kimberley to steal televisions and a generator. During the robbery, Ashwin Malan entered the scene and attempted to intervene. Tragically, he was shot four times by one of the accused while trying to protect an employee who was being overpowered. Ashwin Malan succumbed to his injuries and passed away at the scene, leaving behind a grieving family.
Despite an intensive investigation conducted by a team of detectives from the South African Police Service (SAPS), both accused pleaded not guilty to the charges brought against them. During the sentencing proceedings, State Advocate Elmari Kruger stressed the premeditated nature of the crime and pointed out that the accused had shown a willingness to kill, as evidenced by their armed assault. Advocate Kruger argued for life imprisonment, emphasising that the accused demonstrated no remorse for taking the life of a young person who had much to live for. She highlighted the brutality and insensitivity of their conduct, which neglected the dignity and safety of others.
The court ultimately found that there were no substantial or compelling circumstances that warranted a deviation from the prescribed minimum sentence. Notably, one of the accused, Derrick Fyvers, was on parole for a previous murder conviction at the time of this offence.
Upon hearing arguments in mitigation and aggravation of the sentence, the High Court sentenced Fyvers to 5 years imprisonment for robbery with aggravating circumstances, life imprisonment for murder,10 years direct imprisonment for unlawful possession of a firearm and 10 years direct imprisonment for unlawful possession of ammunition. The court ordered the sentences for robbery, unlawful possession of a firearm, and unlawful possession of ammunition to run concurrently with the life sentence, resulting in an effective term of life imprisonment. Additionally, the court declared both accused unfit to possess firearms. Marlon Koopman was sentenced to 5 years of direct imprisonment for the attempted robbery and was similarly declared unfit to possess a firearm.
The National Prosecuting Authority (NPA) reaffirms its commitment to prosecuting violent crimes that threaten the safety and well-being of our communities. The NPA will continue to advocate for justice for victims by pursuing stringent sentences for perpetrators of violent offences.
