Durban — The Phoenix man convicted of five murders and six attempted murders has asked the court to deviate from the minimum sentence of life imprisonment.
Sentencing proceedings got under way in the Durban High Court on Wednesday in the matter against Kista Chetty.
He was found guilty of the 2021 murders of his wife Elisha Naidoo, 39, his 13-year-old daughter Jadene, his 9-year-old son Jordan, 8-year-old daughter Aarav and his 3-year-old nephew Aldrin.
At the time of the incident, the family lived in a bedroom that they rented at a house on Kidstone Place in Phoenix.
Chetty’s brother-in-law Deon Naidoo and others lived in the lounge of the same house, there were 12 of them in total living in the house.
He has pleaded not guilty to the five counts of murder and six attempted murders levelled against him by the State.
Chetty had previously told the court that he had taken the cap of 5-litre container that had petrol in and poured some of it into the cap of the container and emptied the contents of the cap onto his stomach over his shirt.
He said that he then lit his shirt from the bottom and his wife screamed that he was on fire and he quickly took his T-shirt off and threw it on the ground without realising it had landed on the 5-litre container.
His testimony was that the fire started and moved quickly, this was while his wife and his children stood on the other side of the bed which had caught alight.
His evidence was that he picked up the burning bed and screamed for them to get out adding that this was how he sustained burns on his hands and face.
This had been after an earlier physical fight with Deon following which Chetty was pushed out of the house by his wife and daughter and locked out.
He returned later that night asking to be let into the house, the door was open for him and once in the bedroom of the house, he decided to kill himself.
Since Chetty was found guilty of premeditated murder the minimum prescribed sentence the court ought to impose is life.
“Taking into account that he is turning 60, together with other factors five life terms will be harsh… Looking at the evidence and personal circumstances of the accused and the fact the family in the probation officer’s report have said that he is not a bad person altogether. It’s with all these factors that I ask the court to come to the conclusion that five life terms are not justifiable. He is the one who caused the loss of life, his children (aged 14 and 17 years old) in the report say they still need their father,” said Chetty’s Legal Aid attorney in mitigation of sentence.
He said that the accused was also a victim in this case where he had lost his own children from a fire that he started.
“He said he did not intend to kill them and admits he caused the fire even though he pleaded not guilty he has to be distinguished from a person who says they were not there. I ask the court not to place much weight on the not guilty plea.”
Sentencing continues.
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