Repeat offender jailed for Gqeberha Christmas Day murder

A Gqeberha man has been sentenced to 15 years in prison for the Christmas Day 2024 fatal shooting of Elston Bain and the attempted killing of a friend. The sentence was handed down by the Gqeberha Regional Court and follows a prosecution by the National Prosecuting Authority (NPA).

What happened on Christmas Day

The court heard that Bain had gone to a friend’s home on Christmas Day 2024. He was in a car with another friend and his sister. As Bain was exiting the vehicle on Brasilwood Street in Jacksonville township, he was approached by Donoven Carolus, who shot him in the head without saying a word. Carolus then shot at Bain’s friend before fleeing the scene.

Arrest and identification

NPA spokesperson Luxolo Tiyali said Bain’s sister and the friend managed to identify the shooter. The shooter remained at large until 05 January 2025, when the deceased’s sister saw him casually walking past the local Bethelsdorp Police Station. She immediately informed the police, describing him by his visible facial scar as his brother’s shooter, and he was arrested.

The trial and evidence

The accused, 57-year-old Donoven Carolus, pleaded not guilty at trial and called his wife as an alibi witness. The court accepted evidence from the complainant in the attempted murder charge, the sister of the deceased, and a ballistic report linking the firearm to the crime.

Previous convictions and sentencing

The court was told Carolus had previously been convicted and sentenced for two murders and that he was out on parole for another murder at the time of the Christmas Day shooting. He was sentenced to an effective 15 years for murder and attempted murder. The court also imposed a seven-year sentence for unlawful possession of a firearm and ammunition, to run concurrently with the 15-year term.

Prosecution remarks and judicial reasoning

Regional Court Prosecutor Cheswin King argued for a longer term, telling the court:

“The pattern demonstrates a persistent and profound disregard for the sanctity of human life and the authority of law. How many lives must be placed at risk, and how many opportunities for rehabilitation must fail before the interests of society are given their proper weight?”

King was arguing for 25 years’ imprisonment.

NPA spokesperson Luxolo Tiyali said the court found the convict’s advanced age and chronic medical condition to be compelling exceptional circumstances that justified a deviation from the prescribed minimum sentence.

Reaction from the prosecution

Director of Public Prosecutions in the Eastern Cape, Advocate Samkelo Mtwana, welcomed the outcome, saying the sentence “demonstrates the criminal justice system’s firm stance against violent crime and lawlessness.”