As he left the dock, Rory Petrus let out a quiet sob as he embraced his mother and other family members waiting for him in the public gallery.
After months of bizarre delays following his conviction on fraud, forgery and corruption charges, Petrus was finally sentenced in the Gqeberha High Court. But the 38-year-old will not see the inside of a prison cell.
Instead, the suspended traffic official was placed under house arrest for the next five years.
Read more: Corrupt official awaits sentence — while sentencing judge awaits fraud trial
After Judge Mzamo Nobatana handed down the sentence, Petrus, seemingly stunned by the result, shook hands with his attorney, Xolile Bodlo, before leaving the dock.
Asked if he had any comment, Petrus just shook his head before stepping into the public gallery and hugging his crying family members.
A series of bizarre delays
Following his conviction in January, Petrus’s matter was delayed due to the arrest of his convicting judge, Siphokazi Cubungu, who, ironically, was also arrested on fraud and corruption charges.
Subsequently, Judge Gaynor Appels began sentencing proceedings, but recused herself shortly after pre-sentencing reports were read into the record.
Another mix-up occurred earlier this month when Nobatana was meant to sentence Petrus but seemed to have misunderstood at what stage the case was.
Read more: Corrupt traffic official’s sentencing stalled by judge’s unusual oversight in high court
Nobatana started sentencing by explaining he had reservations about stepping in as the presiding officer at such a late stage, but that the defence and prosecution convinced him that it would prejudice the accused and witnesses if they had to return to court.
He came to the conclusion that it would not be in the interest of justice for the matter to be delayed further and that, after carefully studying the court record, he had sufficient insight to hand down a just sentence.
Drug addiction reduced blameworthiness
Nobatana drew from pre-sentencing reports to paint a picture of Petrus’s personal and professional life, including a recurring drug habit.
The court heard that Petrus developed a drug habit in 2010 that landed him in rehab in 2017. Following his suspension for the charges against him in 2020, he relapsed and returned to rehab in 2021.
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During this same period he worked as a driving instructor before his late father, Andrew Petrus, who was a manager at the Sundays River Valley traffic department, helped him land a job as a licence examiner.
The reports before court also stated that Petrus did not accept responsibility, as he claimed that the amounts of money he received were “gifts from clients” and that his father was aware and never disapproved. At the same time, his actions also brought the Sunday River Valley Municipality into disrepute.
It was also stated that Petrus handing out licences to people who did not pass driving tests put countless lives in danger and potentially contributed to road deaths across the country.
Having taken all that into consideration, Nobatana also said this was Petrus’s first offence, it involved a relatively small amount of money, and that his dependence on drugs “reduced his blameworthiness”.
He determined that Petrus did not have to be removed from society and that direct imprisonment would be too harsh, concluding that a non-custodial sentence would be adequate.
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Sentence and rehabilitation programmes
Nobatana sentenced Petrus to an effective five years of correctional supervision and 600 hours of community service yet to be determined. He will also have to complete a series of life skills, drug rehabilitation and education programmes during his sentence.
Origins of the case
Petrus’s matter dates to 2019 when the police in Nqweba (formerly Kirkwood) conducted an undercover operation after reports of corrupt officials surfaced.
Using hidden cameras, disguised police officers filmed officials taking payments to provide them with falsified official documents.
Members of the investigative team said Petrus offered “special packages” where people could pay R5,000 for a driver’s licence and receive it the same day without completing any tests or paperwork. DM
Rory Petrus, a former employee of the Sundays River Valley Municipality traffic department, has finally been sentenced. (Photos: Supplied / Facebook)