Cop who murdered nurse at Thembisa Hospital gets suspended sentence. The Johannesburg High Court yesterday handed down a 25-year term to the former police officer who fatally shot his ex-girlfriend who worked as a nurse at Tembisa Hospital last year. Lucky Mudau shot Lebogang Vinolia Monene last year and then shot himself, leaving him paralyzed. Mudau’s sentence was suspended for five years on the condition that he refrain from committing the same offense because of his poor health and incapacity. The defendant admitted to planning the murder.
Because no prison could hold him and the wardens could only provide basic medical treatment, the court decided on a suspended sentence. After receiving a diagnosis of spinal cord damage, Mudau developed upper and lower body paralysis. According to a statement from the National Prosecuting Authority, the court’s decision was influenced by the testimony of Dr. Raymond Mathebula from the Tshwane Rehabilitation Centre, who described the diagnosis of Mudau’s quadriplegic medical condition, as well as that of health professionals from the Department of Correctional Services, who testified that they provide primary health services and as a result, there is no correctional facility that can house Mudau.
The Head of Healthcare Services Mirriam Mabe said:” We provide primary healthcare services on an outpatient basis, and only attend to patients that require monitoring and observation over a short period. If the inmate’s condition deteriorates or does not respond to administered medication, we then refer that particular inmate to an outside facility (public hospital), and in severe cases, medical parole is invoked for such individuals for their families to provide self-care.”
The court claimed that in order to give an appropriate sentence—one that strikes a balance between the circumstances of the accused, the interests of the afflicted family, and the interests of justice—it called Mabe as a witness. According to the NPA, Mudau is confined to a wheelchair and has C5 quadriplegia, which prevents him from performing any independent tasks including turning in bed, showering, feeding, or using the restroom.
Senior State Attorney Vincent Maphiri argued that even though the accused was found guilty of murder, a crime that directly falls under gender-based violence for which the community calls for justice, the court must also take into account the accused’s personal circumstances because they add up to significant and compelling circumstances.
“It is a known fact that the accused was convicted of brutally taking the life of Monene and that no sentence imposed by the court can match the loss of life and the pain and suffering her family continues to endure. The law provides that the court may deviate from a minimum prescribed sentence provided there are substantial and compelling circumstances that warrant such a deviation, and it is against this background and peculiar circumstances the court found itself in, that we accept the imposed sentence as just, “said Maphiri.
