Man jailed for one year for unintentionally killing brother during an argument

A PHOENIX man who pleaded guilty to “unintentionally” stabbing and killing his younger brother during an argument over their home alarm being activated, has been sentenced to one year behind bars. 

Emmanual Vencatsamy, 50, of Sunford pleaded guilty to an alternate count of culpable homicide in the Ntuzuma Regional Court last Thursday. 

He was sentenced to six years imprisonment, of which five years was wholly suspended. He will serve one year of his sentence in prison. 

Vencatsamy was arrested and charged for the murder of Sabastein Vencatsamy, 41, who died in hospital after sustaining a single stab wound to the chest last year. 

At the start of the court proceedings, State prosecutor Kaystree Ramsamujh, said Vencatsamy faced a count of murder, or an alternate count of culpable homicide after he was alleged to have intentionally and unlawfully caused the death of Sabastein by stabbing him on May 31, 2024. 

Vencatsamy pleaded not guilty to the murder. However, he pleaded guilty to culpable homicide. 

In his plea statement, read out by his attorney Velvan Nair, Vencatsamy said on the day of the incident, he together with his brother, and a friend had been watching sport on the television in the lounge of their home. 

He said their mother was in her bedroom upstairs.

Vencatsamy said at about 1pm, Sabastein, who was a safety officer for a construction company, received a call on his cellphone. 

He said Sabastein had informed him that his car, which went for a service earlier that day, was ready to be collected and someone would fetch him. 

Vencatsamy said about half an hour later when the person arrived to fetch Sabastein, he asked his brother if he should accompany him. 

“He replied that I should stay at home and rest as I must have been tired. I had a long wait in the queue for voting the day before. The deceased was also aware of my poor state of health. I had undergone hip-replacement surgery, and I am diabetic.” 

Vencatsamy said after Sabastein and their friend left, he closed the door and sat in the lounge where he dozed off. 

He said he got up when he heard his mother call his name and said that he should go to sleep in his room.  

“My room was situated upstairs. I went to use the toilet, which is on the ground floor. When I exited from the toilet, my mother asked me if the deceased had called or messaged me. I replied that he had not contacted me and I would call him.”

Vencatsamy said when he called his brother at about 4.30pm, he informed him that he was at the Phoenix Plaza and that he would thereafter visit their sister. 

He said after he locked the gate and door in the lounge, he went upstairs to inform his mother of his conversation with his brother. 

He thereafter went to his room and fell asleep while watching television.

Vencatsamy said he was awoken by his mother, who said that Sabastein had still not returned home. 

“My mother said she did know what time the deceased would return home and she asked me to put on the alarm. I activated the alarm, went back to lie on my bed and I fell asleep after a short while.”

Vencatsamy said he got up when he heard the alarm going off.

He said he went downstairs and saw the lounge door open. Sabastein, who was carrying shopping bags, was standing outside.

“I asked him if he did not have the remote to deactivate the alarm. He said he had left it home. I went upstairs to deactivate the alarm and went back to open the gate. 

“My brothere, who was visibly irritated, entered the house and as he made his way to the kitchen, he asked me why I put the alarm on because I knew he would be returning home. I told him I was sorry and that I had fallen asleep,” he said.

Vencatsamy said he heard Sabastan rapidly walk up the stairs and go to their mother’s bedroom. 

He said Sabastein also asked their mother why they had locked the gate. 

“I walked towards my mother’s bedroom and saw my brother standing in the doorway. I stood next to him and was about to repeat that I was sorry, when he said that he had been charged R2500 more for the service. I told him, ‘don’t worry, we’ll help you’. I then went back to my bedroom and closed the door.” 

Vencatsamy said he took out his medication bottle and a knife from a cabinet. 

“I sat on my bed and as I was about to use the knife to pierce the bottle to extract the little medication inside, I heard the deceased still saying to my mother that we should not have put the alarm on. 

“I was a bit upset that he was going on about the alarm and I said, ‘You are f##king making a big thing out of a small thing’. He almost immediately, suddenly pushed my bedroom door open and rushed at me,” he said. 

Vencatsamy said fearing that he was going to be harmed, he woke up from the bed with the knife in his right hand, “slightly extended towards the deceased”. 

“The deceased stumbled onto me and I heard him say ‘I got poked’. I dropped the knife to the ground as I had not intended to harm him. I saw blood on his t-shirt, in the region of his chest. I grabbed a towel that was on my bed and placed it where I saw the blood on the deceased’s t-shirt. I applied pressure to try and stop the bleeding.”

Vencatsamy said he called his sister to inform her what happened and requested she call an ambulance. 

Vencatsamy said the following morning, several police arrived at their home and said that his brother had died. He was arrested for his murder.

 “He was my younger brother who I had always looked out for and he had taken good care of me. I have never intended to harm him, let alone cause his death.” 

In handing down the sentence, Magistrate Sibongiseni Cele, said although Vencatamy had pleaded guilty, it was the duty of the court to send a message that those that commit such offences will be seriously punished. 

Vencatsamy will serve his sentence at Westville Prison.

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