A policeman has had a murder conviction, and a 10-year-sentence related to a shooting during a robbery, overturned by the Western Cape High Court, according to a report.
The Sunday Independent reported that a full Bench found Jerome Earl King acted reasonably and was executing his duties, when a robber was shot dead during a break-in at the Bonteheuwel post office in 2007.
King and a colleague were dispatched to the scene. The two thieves refused to surrender despite King giving them a verbal warning and firing a warning shot. King fired two more shots, killing one of the robbers.
During his trial, King testified he had aimed in a slight upward direction, intending to fire warning shots.
Even so, in 2010, the court found him guilty of murder, ruling he deliberately aimed at the robber.
However, the recent appeal judgment overturned this ruling. Judge Patricia Goliath said: "It cannot... be found beyond reasonable doubt that he fired the second and third shot with the intention to kill the deceased".
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