The Western Cape High Court has dismissed an application for leave to appeal by a convicted child rapist and murderer, a ruling the National Prosecuting Authority (NPA) has welcomed.
The Kraaifontein man was convicted on 21 May this year of the rape of an adult woman and the rape, sexual assault and murder of eight-year-old Daniel Jamneck, a friend of his son who was staying over at the family’s home for a sleepover when the offences were committed on 15 June 2023.
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He was sentenced to life imprisonment for the rape of the minor and life imprisonment for his murder, a further eight years for sexual assault, and 10 years for the rape of an adult woman committed in 2005.
The court also ordered that his name be entered into the National Register for Sex Offenders and declared him unfit to possess a firearm or work with children. The man applied for leave to appeal against all four convictions. The State indicated it would vigorously oppose the application.
A finger pointed to flatmate
Regarding the rape of the adult woman, he contended the court erred in accepting her evidence as credible, that medical evidence did not support her version, and that insufficient weight had been attached to the evidence of Dr Swanepoel regarding an alleged penile abnormality.
In respect of Daniel Jamneck, he argued that DNA evidence did not support the finding that he had raped, sexually assaulted and strangled the child. He further submitted the court failed to sufficiently consider that he was not the only person present in the house at the time.
State Advocate Jarrod Seethal argued the evidence overwhelmingly supported the convictions. In dismissing the application, the court found the adult rape victim’s evidence was reliable and trustworthy, noting Wheeler knew the complainant was so intoxicated she could not have consented. While the medical examination revealed no vaginal injuries, the court emphasised the absence of such injuries does not exclude a finding of rape.
The court considered Dr Swanepoel’s evidence of a slight abnormality of Wheeler’s penis, but found it did not prevent him from engaging in sexual intercourse without assistance of a partner.\
Guilt beyond reasonable doubt
Regarding Daniel, the court reaffirmed that the absence of DNA evidence did not negate the finding that the child had been raped, sexually assaulted and strangled. The evidence established beyond reasonable doubt that neither Wheeler’s son nor his flatmate committed the offences.
The court noted Wheeler had never said either his son or flatmate was responsible. It was only towards the end of his defence, during cross-examination, that he suggested his flatmate may have been involved. The flatmate subsequently testified as a witness and was never cross-examined on that allegation.
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The court further noted that Wheeler himself testified he had awakened his flatmate to assist with CPR after realising Daniel was not breathing.
The inconsistencies in Wheeler’s account, considered together with the common-cause facts and evidence conceded by him, established his guilt beyond reasonable doubt on all four counts, the court found.
After considering the record of proceedings and written and oral submissions, the court found no rational basis to conclude there were reasonable prospects of success on appeal.
“The NPA welcomes this decision, which reinforces public confidence in the criminal justice system and demonstrates the courts’ commitment to holding perpetrators of serious sexual and violent offences accountable,” NPA spokesperson Eric Ntabazalila said yesterday.
‘Daniel cannot be brought back’
Civil action group Action Society too welcomed the court’s decision. “For Daniel’s family, this decision means that the convictions for the horrific crimes committed against their eight-year-old boy remain firmly in place,” says Juanita du Preez, national spokesperson for Action Society.
“The family has already endured an extraordinarily painful criminal process. Every further court proceeding forces them to revisit trauma they are desperately trying to learn to live with. We hope this decision gives Maria and her family some space to breathe, to focus on healing and to remember Daniel for the beautiful little boy he was, rather than continually having to return to the circumstances of his death.”
Action Society emphasises, however, that the case is not finished. The convictions and sentences hold Daniel’s killer accountable for the crimes he committed. They do not answer the serious questions about how a man who had previously raped a woman was able to remain in society and ultimately gain access to a child.
Action Society is assisting Daniel’s family in pursuing these questions and determining where accountability may lie for the failures that preceded his murder.
“Daniel cannot be brought back. The very least we owe him now is to establish whether his death could have been prevented and to ensure that any failures that allowed this to happen are never repeated,” says Du Preez.
