The National Prosecuting Authority (NPA) will vigorously oppose the appeal lodged by the Kraaifontein man convicted and sentenced for the rape and murder of the eight-year-old Daniel Jamneck.
The Western Cape Division of the High Court in Cape Town sentenced the convict to two life terms and an additional 18 years’ direct imprisonment. He received life imprisonment for the rape of the minor, life imprisonment for the murder of the child, and a further eight years’ direct imprisonment for sexual assault.
In addition, the man was sentenced to 10 years’ direct imprisonment for the rape of an adult female committed in 2005. The court further 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.
“State advocate Jarrod Seethal and investigating officer Charles Goodwin worked tirelessly to secure a successful prosecution. The State handled two separate and complex matters against the convict,” says NPA spokesperson Eric Ntabazalila. “Both cases presented significant challenges due to the trauma experienced by witnesses and the complexities associated with prosecuting matters based largely on circumstantial evidence.”
He says an extremely traumatised child witness was required to testify against the accused. “This enabled the prosecution to utilise innovative methods to support the witness during testimony. An emotional support dog, Toffee Beanz, specially trained to assist vulnerable witnesses and reduce the stress associated with testifying, was deployed to great effect during the proceedings.”
Previous rape case
The man was a mutual friend of the complainant in the 2005 rape case.
“Before the incident, he had expressed a romantic interest in her, which she made clear was not reciprocated. On 22 January 2005, the complainant agreed to spend an evening out with him and their mutual friends on the understanding that he wished to move beyond his romantic interest and maintain a platonic friendship. Instead, the convict took advantage of the complainant while she was heavily intoxicated and separated from her friends,” says Ntabazalila.
“Despite the complainant’s initial refusal and objections, the man insisted on taking her home because she was unwell. However, rather than taking her to her residence, he took her to his home. Once there, the complainant lost consciousness on his couch.
She awoke the following morning partially undressed and experienced flashbacks of him being on top of her.
“She awoke the following morning partially undressed and experienced flashbacks of him being on top of her, although she could not fully recall the events of the night. When confronted, the convict admitted that they had engaged in sexual intercourse but claimed it had been consensual,” says Ntabazalila.
Under cross-examination, the man acknowledged that the complainant had confronted him about the incident the following morning and further conceded that her inability to remember events was indicative of her level of intoxication.
“This evidence assisted the State in proving that the complainant was incapable of consenting to sexual intercourse due to her extreme intoxication. Later that day, she reported the incident to her mother, and a criminal case was opened against the man.”
Defensive scratches on boy’s neck
During the weekend of 15 June 2023, Wheeler arranged with the deceased child’s mother for the child to sleep over at his residence, as the child and the convict’s son were close friends.
“The deceased was expected to sleep on a bunk bed in the same room as the man. He was meant to share the bunk bed with the man’s son, while the man slept on a separate double bed,” says Ntabazalila.
“Advocate Seethal led the evidence of several witnesses, who testified that the deceased was subsequently found in the man’s bed. The paramedic who first attended the scene observed unusual markings on the child’s neck. DNA evidence was also recovered from the convict’s bed sheet, corroborating evidence that the deceased had been in the man’s bed.
The scratch marks observed on the child’s neck were consistent with defensive injuries, indicating that the deceased had attempted to remove a restriction from his neck.
“Post-mortem findings established that the cause of death was consistent with asphyxia resulting from strangulation. This conclusion was supported by contusions found on the neck and extensive petechial haemorrhage. The scratch marks observed on the child’s neck were consistent with defensive injuries, indicating that the deceased had attempted to remove a restriction from his neck. The post-mortem examination further revealed extensive perimortem and post-mortem injuries, which demonstrated that the deceased had been sexually assaulted and raped,” said Ntabazalila.
“A child witness testified that he awoke during the night and observed the man walking naked to the bathroom while the deceased was in his bed. According to the witness, the man returned to the room, dressed himself, and then approached the side of the bed where the deceased was lying. He subsequently called the child’s name before alerting a tenant that the child was not breathing.”
No remorse
The man denied all allegations against him and could not explain as to how the deceased died while in his bed.
The court found that the convicted man acted with direct intent to kill the child. In delivering sentence, the court noted that although the man was a first offender, he demonstrated no remorse for his actions, abused positions of trust in both matters, and failed to establish substantial and compelling circumstances that would justify a deviation from the prescribed minimum sentences.
“The NPA is confident that the sentence imposed reflects the gravity of these offences and will oppose any attempt to overturn the convictions or sentences on appeal,” Ntabazalila concluded.
