- The NPA confirmed it would re-visit the 2005 case of a woman raped by a man who stands accused of the brutal rape and murder of 7-year-old Daniel Jamneck.
- The rape victim claims that Daniel’s tragic death could have be prevented.
- If new evidence comes up prosecution will be considered.
In a turn of events, the National Prosecuting Authority
(NPA), on Friday, confirmed it would re-visit the 2005 case of a woman raped by
a man who stands accused of the brutal rape and murder of 7-year-old Daniel
Jamneck.
A 38-year-old mother of three from Brackenfell, told
TygerBurger Daniel’s tragic death could have been prevented, had her case not
fallen through the cracks of the justice system 18 years ago.
At the time of his death Daniel was visiting the accused’s
son for a sleepover at their flat in Peerless Park on 15 June.
During the night he was found dead in the accused’s
double-bed where he had been sleeping. A post-mortem later found he was raped
and strangled.
To protect the identity of his minor son, who will be a
witness in the hearing, the 47-year-old man cannot be identified.
In an emotional interview the woman, whose identity we
protect, told TygerBurger about how she had allegedly been drugged and raped by
this same man on a night out with a circle of friends whom he was part of. We
will refer to her as Mrs Brown.
“We were all sitting at a big table when my sister brought
me a drink, he had bought for me. From then on much is a blank, apart from a
few flashbacks. I got very sick and briefly remember standing outside, dizzy
and leaning against a wall. He came out and offered to drive me home.
“Another friend drove with me but was dropped off first.
After that I remember nothing. I woke up the next morning on a couch in his
aunt’s house.
“I immediately knew something was wrong. My clothes were
dishevelled, and I could not remember anything of the previous night. The house
was full of people, and he stood up and without a word took me home.
“I sat on my bed the whole day disorientated trying to piece
events together. A concerned friend later phoned me, and we decided to go to
the police.”
While still at the police station talking to a police
officer the accused came to the police station to hand himself over and
confessed to the crime.
“He was arrested and detained for the rest of the weekend
and appeared in court on Monday when he got bail. The case dragged on for more
than two years, and in 2007 while pregnant with my first son I was called in by
the prosecutor. His lawyer told me the case would come down to ‘he says, she
says’ and I’d be ripped apart in court.
“I was 22 and remember being so scared. They convinced me to
enter into an agreement where I would withdraw the case, but that the offence
would go onto his record, and he would undergo a diversion programme to
rehabilitate sexual offenders.
“I accepted this on the condition that he successfully
complete the programme; if not that the charges against him would be reinstated.”
This, however, never occurred, and without her knowledge. It
was revealed at the earlier bail hearing for Daniel’s murder that the accused
absconded from the programme after only four sessions.
Also read: Charges pile up for man accused of boy’s murder in Peerless Park North in Cape Town
“I was utterly shocked to learn this. It was the NPA’s
responsibility to make sure he completed the programme and if not, to reinstate
charges against him. Daniel’s death could have been avoided, should have been
avoided. How many other children could he have harmed since then?”
2005 rape case to be revisited
Brown has been seeking answers from the NPA since July when
learning of Daniel’s death in the media.
It was ascertained that the psychologist responsible for
monitoring the case did report his absconsion to the NPA.
When TygerBurger approached the NPA for answers,
spokesperson Eric Ntabazalila informed the newspaper that the NPA at this stage
has no information to suggest that the accused did not complete the programme
in 2007.
“This was a diversion and there was (therefore) no
conviction in respect of the 2005 matter” he said in a statement to
TygerBurger. “We will therefore re-visit the 2005 matter. If new evidence comes
up prosecution will be considered.”
Brown says she will never forget the look on his face when
she saw him in court again at the bail hearing in Daniel’s case.
“He recognised me, and I looked him straight in the eyes. He
looked at me twice, it shook my soul. But my hurt changed to anger. I am glad
he saw me there. There was no punishment for what he did to me, and I was shut
up back then. It is my goal to make sure there is justice for Daniel and any
other child he might have harmed.”
The accused was denied bail in July and the hearing is set
to start in Blue Downs regional court on 8 November.
