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Pretoria – A former police officer who appealed his 30-year sentence for the 2015 premeditated murder of his wife and daughter, has now been handed two life sentences by the Supreme Court of Appeals.
Benedict Moagi Peloeole appealed his sentence at the SCA saying the initial sentence imposed by the high court was “shockingly inappropriate”.
His appeal was heard on May 9, and a judgment was delivered on August 16, 2022.
Peloeole was stationed at the VIP Protection Unit at the presidential residence Mahlamba Ndlopfu in Pretoria when he killed his wife, Jane Keitumetse Peloeole, 42, and daughter, Tsholofelo Trecia, 23.
He used his service pistol to kill his family at their home in Westville, Pretoria West, on September 12, 2015.
During sentencing in 2019, the North Gauteng High Court found that the murders were premeditated.
Before the sentencing, the clinical psychologist told the court that Peloeole had experienced marital problems at some stage which led him to consider a divorce.
The psychologist added that he had harboured resentment towards his wife and daughter, which evolved into a deep-seated rage.
He felt like his daughter was disrespectful towards him after he had assisted her to get education.
His wife, who was unemployed, was a financial burden to him.
“He sought solace in excessive alcohol consumption, which in itself became a source of tension in the house.
“Peloeole silently carried this burden for some time.
“By September 12, 2015 he was at the end of his tether,” read the court papers.
The court dismissed his version that the shooting happened in the spur of the moment after his daughter made him angry by not replying when he asked her a question.
“Even on appellant’s version regarding the conversation between him and his daughter at that critical time, this conversation could not have been the trigger.
“Rage, as a trigger, must therefore be left out of the equation.”
Instead, the court said the murders were premeditated given the manner in which the murders were carried out.
He fired a fatal shot at the daughter, then at the wife, then fired another shot to the daughter before firing another shot at his wife.
“The number of bullets he fired at his daughter and wife, and the parts of the body he targeted, leaves no doubt about his intention to see them dead.
“That suggests that this is a result he premeditated.”
The court rejected his version that just before the shooting, he felt dizzy and walked to the corridor, where he blacked out and collapsed.
Peloeole said he was told by a relative that he had shot his wife and daughter.
In his appeal at the SCA, Peloeole’s legal representative said the high court failed to pronounce on the issue of premeditation in its judgment on conviction.
It only did so during sentencing.
The SCA held that even though the trial court in that case had misdirected itself in pronouncing that the murder was premeditated only at the sentencing stage, what remains to be determined is whether the appellant was prejudiced by such misdirection.
The court held that Peloeole’s trial was fair.
“The high court was therefore justified in finding, during the sentencing proceedings, that the murders were premeditated,” says the judgment.
IOL