INLSA
Smith
After five years and dozens of adjournments, 82-year-old Durban man Harold Smith has, in the Durban High Court, admitted his guilt in connection with the murders of his tenants.
Malcolm “Geordy” Acton-Tuck, 60, and his wife, June, who had been tenants on Smith’s Waterfall property, were found shot dead in their home in November 2007.
Smith had lived in the main house on the property and the couple had rented the garden cottage.
Smith pleaded guilty in terms of a plea and sentence agreement which was confirmed by Judge David Ntshangase yesterday.
The elderly man said in his plea that he had been involved in rental disputes with the Acton-Tucks and his relationship with them had become acrimonious. The plea said the acrimony developed between Smith and the Acton-Tucks owing to an ongoing dispute over the couple’s apparent failure to pay the agreed rental.
Their withholding of rent was in response to Smith’s perceived failure to pay the monthly electricity bill timeously and adequately maintain the leased property.
Smith said that on the day of the murder he became enraged when June told him that she would not pay the rent until the bank foreclosed on the home.
He said as a result of these utterances and his frustration, which had built up over several months, he drew his firearm and shot at June at least four times.
He then went into the Acton-Tucks’ home and shot and killed Malcolm.
Smith said he was “truly remorseful” for his conduct and wished to convey his apologies to the family of the couple.
He was sentenced to 10 years in jail, wholly suspended for five years, on condition that he is not convicted of murder or attempted murder during the suspension period.
He was also placed under house arrest for three years and would only be allowed to attend church on Sundays and go to doctor’s appointments.
Smith was also ordered to do community service for 16 hours a month and undergo counselling.
He was also deemed unfit to possess a firearm.
June’s nephew, Steve Christy, said he was glad that the case had been concluded.
“My faith in the justice system has been partially restored, although I would have preferred a harsher sentenced to have been imposed.”
Relative Sylvia Tuck also told the State that she was satisfied with the sentence.
