Faeez Smith (25), a gang member has been sentenced to 15 years imprisonment after he was found guilty on three counts of intimidation related to a failed grenade attack on Lt-Col Kinnear’s home
This comes after Smith was today convicted and sentenced by the Khayelitsha Priority Court after entering into a plea agreement with the state.
The charges against the accused include contravention of the Prevention of Organised Crime Act, conspiracy to possess explosives and thus contravening the Explosives Act 26 of 1956 and the Contravention of the Riotous Assemblies Act.
The charges emanate from events leading up to the failed hand grenade attack at Lt Colonel Charl Kinnear’s home on 23 November 2019.
Ten months later, the detective was assassinated outside his house in Bishop Lavis, Cape Town
Smith admitted possessing a firearm and causing criminal damage with the intent to endanger life.
The accused was sentenced as follows:
Count 1-
Contravention of the Provisions of Section 9(2) (a) of POCA, Act 51 of 1977 in that the Accused performed an act which was aimed at causing, bringing about, promoting, or contributing towards a pattern of criminal gang activities as set out in Counts 2 to 3.
The Accused is sentenced to a term of five (5) years imprisonment.
Count 2-
Conspiracy to commit possess an explosive device in Contravention of the provisions of Section 28 (1) read with Sections 27 of the Explosives Act 26 of 1956.
The Accused is sentenced to a term of five (5) years imprisonment.
Count 3-
Contravention of Section 18 of the Riotous Assemblies Act 17 of 1956
The Accused is sentenced to a term of five (5) years imprisonment
It is ordered in terms of Section 280 (2) of the Criminal Procedure Act that Count 1, 2 and 3 are to run concurrently.
Additionally, the explosive device is forfeited to the State.
Furthermore, he has been declared unfit to possess a firearm.
Moreover, the police in terms of subsection (4) of the Act are authorised to confiscate all firearms and ammunition in his possession including firearm licenses, permits or authorisations for any such firearms or ammunition.
It is also ordered that the order of unfitness to possess a firearm must be forwarded to the Registrar of Firearms.
Effectively, Smith will serve five years of direct imprisonment.