The 14-year old boy arrested in connection with the murder of 10-year-old Octavia Swarts on a farm on the outskirts of Cape Town, has been released into the care of his parents.

According to police, the boy was due to appear in the Blue Downs Magistrate’s Court yesterday, but the matter was not enrolled following instructions from the National Prosecuting Authority (NPA).

“In the interest of justice the boy was released into the care of his parents,” was all provincial police would say.

Reliable sources have informed the newspaper that the case was sent back due to insufficient evidence, while the NPA confirmed the docket has been referred back to the police for further investigation.

Octavia’s mutilated body was found by community members in a farm dam near her home in rural Joostenbergvlakte on Monday morning. The family reportedly contacted the neighbourhood watch on Sunday night after the girl failed to return home. According to family members, she had been playing with other children in the area where they always play.

Neighbourhood watch members searched nearby orchards and surrounding farms into the late hours, but found no sign of her. “At that point there was no indication she might be harmed or dead,” Dave Gale from the Joostenbergvlakte neighbourhood watch told TygerBurger.

Police were reportedly called out by the family on Sunday but failed to respond.

She was found with grievous injuries

According to Dave Gale of the Joostenbergvlakte neighbourhood watch, this is not unusual in their rural area. “We often wait up to six hours for the police to show after we call them out to pick up a suspect we have arrested, for instance. We are told there are not enough police resources and that patrol vans have to focus on contact crime in other high-crime areas of Kraaifontein,” he says. “We are also told there is not sufficient crime in our rural area to justify a permanent police patrol van. Often times we have to phone the station commander to ensure the sector patrol car comes out.”

“On Monday morning, a farmer circulated a picture of the girl via BOLO in a fresh bid to locate her. Shortly afterwards, at around 08:30, her body was spotted in the farm dam in the orchard. Police were immediately notified and a forensics unit was deployed to the scene arriving hours later.

Kraaifontein police initially opened an inquest docket to determine the cause of death, but this was later upgraded to murder after new evidence emerged during the investigation, leading to the arrest of the girl’s teenage cousin.

It is suspected that her body was dragged from here, where the killing happened and hidden inside the dam.

Octavia was reportedly found with grievous injuries to her face. About 30 metres from the dam, blood, a hair accessory were also found.

“It is suspected that her body was dragged from here, where the killing happened and hidden inside the dam, a built-up farm dam with sloping sides,” said Gale.

This evidence was missed by the forensics team. According to Gale, a neighbourhood watch member had to chase down the forensics team and call them back to the scene after community members discovered the evidence.

Police have not further commented on the concerns raised about their failure to respond on Sunday or the forensics team missing evidence at the scene. The investigation continues.

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