4 year old Jandre Botha murdered for refusing to call lesbian daddy
Greegor - 21 Nov 2006 10:27 GMT
South Africa
Botha (Lesbian bio Mom) let her 'partner' kill her son
Lesbian couple guilty of gruesome murder
Baldwin Ndaba
March 23 2006 at 05:30AM
Four-year-old Jandre Botha refused to call his mother's lesbian lover"daddy" - and paid with his life.Jandre's father, Jan Botha, was in the Vereeniging regional court'spublic gallery on Wednesday when his former wife, Hanelie Botha, 31,and her partner, Engeline de Nysschen, 33, were found guilty of thegruesome murder of his son.He sat in court holding the hands of his fiancée, Yolanda Deysel, andlistened attentively to magistrate Rita Willemse, who, in her judgment,accepted evidence that among the reasons that led to Jandre's brutalordeal was his refusal to call De Nysschen "daddy".The court had heard evidence from Lydia Nkomo and her daughter AlettaLesiba, who worked for the couple in their tuckshop, that De Nysschenhad viciously assaulted Jandre while demanding that he must call her"daddy".'His mother should have been aware of this'Both testified that while Jandre was assaulted, his mother failed tointervene or protect him. Evidence showed he had sustained horrificinjuries, including a fractured skull and brain damage, as well asbroken legs, collarbone, hands and pelvis.The court accepted the evidence of Professor Mohammed Dada, a traumaexpert, who said the boy's injuries were similar to those of a personwho had fallen from a double-storey building.Delivering judgment, Willemse acknowledged there was no substantialevidence linking Hanelie to the assaults, but said she was equallyguilty of murder for failing in her legal duty to protect her childagainst abuse and violation.The court found she had lied to Dr Elna Gibson, one of the medicaldoctors who treated Jandre, by saying the boy obtained his injuriesafter he had slipped in the bath.The court ruled that she had lied to protect De Nysschen. The doctorswho had examined Jandre dismissed the pair's version that he hadslipped in the bath. They said excessive force was required to inflictthe kind of fatal injuries sustained by Jandre.'She did nothing to protect her own child'Convicting the two, Willemse dismissed their version and said there wassubstantial medical evidence before her about the nature of theinjuries suffered by Jandre."I accept the evidence of the medical personnel who are experts intheir fields. There were substantial documents placed before me. Mostof them have medical experience which spans over a period of 15 years."All of them have dismissed the version of the accused and wereunanimous that the deceased's injuries were inflicted over a period oftime."It is unthinkable that the mother of the child could not have knownabout these fatal injuries. The deceased also had broken legs, and hismother should have been aware of this."The magistrate criticised Hanelie for failing to report Jandre's abuseat the hands of her lover to the social workers monitoring Jandre'sprogress, after she had gained custody of him during a lengthy courtbattle with her ex-husband. She also failed to report the abuse to herex-husband.The boy's father became aware of Jandre's abuse only on the day of hisdeath, June 12, 2003. De Nysschen contacted him and said Jandre hadfallen earlier in the day and had died.Willemse criticised Hanelie's fitness to be a mother, saying herparents later approached her ex-husband and gave him financial help tofight for the custody of his child.Rebuking Hanelie, Willemse said: "Hanelie was not helpless. She waswell aware of Engeline's violent outburst."She could have called the child's father for help but she failed to doso. She did nothing to protect her own child."The magistrate labelled Engeline a liar and a hopeless witness who hadcontradicted herself in testimony.Hanelie and De Nysschen were further convicted of assault with intentto do grievous bodily harm and child neglect for failing to provide orseek treatment for Jandre's limb fractures.
The case was postponed until June 26 for a pre-sentencing report.News updates - March 24, 2006 24 March, 2006 StarThe Gauteng Department of Social Development is investigating a case ofnegligence against a social worker following the death of a 4-year-oldchild. The government is expected to study the finding of a VereenigingRegional Court magistrate who ruled that Denise Herbst, who was taskedto monitor Jandre Botha while under the care of her mother, failed to do so.
Jan Botha says the courts and social workers were to blame for thedeath of his son Jandre. Four years ago, Botha laid criminal chargesagainst his former wife and her lesbian partner for abusing his child.
Courts failed my son - dad The father of a four-year-old boy, who was beaten so badly for refusingto call his mother's lesbian lover "Daddy" that he died of hisinjuries, says the courts and social workers are to blame for the deathof his son.Little Jandre Botha sustained horrific injuries, including a fracturedskull and brain damage, as well as broken legs, collarbone, hands andpelvis, in the vicious assaults.Jan Botha, Jandre's biological father, was in the public gallery of theVereeniging Regional Court this week when his former wife, HanelieBotha, 31, and her partner, Engeline de Nysschen, 33, were found guiltyof the brutal murder of his son.He sat in court holding the hand of his fiancée, Yolanda Deysel, andlistened attentively to magistrate Rita Willemse, who, in her judgment,accepted evidence that among the factors that led to Jandre's brutalordeal was his refusal to call De Nysschen "Daddy".Four years ago, Botha laid criminal charges against his former wife andher lesbian partner for abusing his child. A Mokopane (Potgietersrus)court dismissed the case against Hanelie Botha and De Nysschen. Later,he tried to gain custody of the child, but was denied.Botha recounted how the court had failed to accept his version that thetwo women were mistreating his child soon after his divorce in 1999.Commenting on their murder conviction, Botha said: "I am very happythat the court of Vereeniging has accepted my version of my child'sabuse at the hands of the two, because the law and the social workersin Potgietersrus failed me."It was proven in court this time that the social workers whorecommended that Hanelie must get custody of Jandre did not do theirjob properly. I laid an assault charge against them four years ago."A year before Jandre's death, the court dismissed the matter on thegrounds that there was no evidence. This was even though Jandre hadbeen absent from pre-school several times - now proved to have been theresult of serial beatings."There was enough incriminating evidence against them, but they werelet free. I'm happy that the prosecution in this case did its jobproperly," Botha said.The magistrate criticised Botha's fitness to be a mother, saying herparents had later approached her ex-husband and had given him financialhelp to fight for the custody of his child.Willemse also labelled De Nysschen a liar and a hopeless witness whohad contradicted herself in testimony.Botha and De Nysschen were further convicted of assault with intent todo grievous bodily harm and child neglect for failing to provide orseek treatment for Jandre's limb fractures.The trial was postponed until June 26 for a pre-sentencing report.Dad blames social workers for son's deathBaldwin Ndaba March 23 2006 at 09:42AMJan Botha says the courts and social workers were to blame for thedeath of his son Jandre.Four years ago, Botha laid criminal charges against his former wife andher lesbian partner for abusing his child.A Mokopane (Potgietersrus) court dismissed the case against HanelieBotha and Engeline de Nysschen. He later tried to gain custody of thechild, but was denied.Botha recounted how the court had failed to accept his version that thetwo women were mistreating his child soon after his divorce in 1999.'I'm happy that the prosecution in this case did its job properly'Commenting on their murder conviction on Wednesday, Botha said: "I amvery happy that the court of Vereeniging has accepted my version of mychild's abuse at the hands of the two, because the law and the socialworkers in Potgietersrus failed me."It was proven in court (Wednesday) that the social workers whorecommended that Hanelie must get custody of Jandre did not do theirjob properly. I laid an assault charge against them four years ago."A year before Jandre's death, the court dismissed the matter on thegrounds that there was no evidence. This was even though Jandre hadbeen absent from pre-school several times - proven now to be due toserial beatings."There was enough incriminating evidence against them, but they werelet free. I'm happy that the prosecution in this case did its jobproperly," Botha said.Lesbian couple accused of murder November 18 2005 at 02:54AMIn January 2003 the high court ordered that 4-year-old Jandre Botha beplaced in the care of his mother.Five months later he was dead - allegedly at the hands of his motherand her lesbian lover. The state believes that Jandre was a victim ofserial abuse perpetrated by the people who were charged with caring forhim.On Thursday, the boy's mother, 30-year-old Hanelie Botha, and herpartner, 32-year-old Engeline de Nysschen, stood in the dock at theVereeniging regional court charged with murder, assault with intent todo grievous bodily harm, child molestation and negligence.On June 12, 2003 Jandre was declared dead. The coroner's report saidthe cause of his death had been a fatal blow to his head. Both womenpleaded not guilty in October last year to all counts.Jandre was a victim of serial abuseDuring the trial, the court heard chilling evidence of abuse: Jandrehad had a broken pelvis which had never been treated; his right handand left collar bone had also been broken but he had never receivedmedical care.Botha refused to testify under oath to rebuke substantial medicalevidence that Jandre had been a victim of serial abuse. Instead, shesubmitted a statement to the court pointing the finger of blame at herlover.She said that on June 2, 2003, her partner had arrived at their home inDrie Rivier, Vereeniging, with food for them but had become angry whenshe realised they had already eaten."She had earlier phoned me and said I should not cook dinner becauseshe would bring food for us. I had ignored her order because we werevery hungry earlier that day.Upon realising we had eaten already, she became furious and insistedthat Jandre eat the food she had brought," the statement read. She saidJandre had tried to eat but had vomited, prompting De Nysschen toassault him repeatedly with a slipper.She was doing this 'to instil discipline in him'"I grabbed my child and removed him from her. Later on the two of uswatched TV while Jandre was in the bath. Then we heard Jandreshrieking."Botha said they had taken him to hospital and De Nysschen had orderedher to tell the hospital authorities that he had fallen in the bath.The hospital's medical staff discovered that he had a blue mark on hissternum which could have been sustained more than a month previously.Earlier the court heard that in 2002 Jandre's father, Jan Botha, hadsuspected that Jandre was being abused and had contacted authorities. Adoctor confirmed his fears and Jandre was placed in foster care.However, in January 2003, Botha successfully applied to the high courtto have Jandre returned to her custody.State prosecutor Deon Barnard used the extensive medical evidence togrill De Nysschen in an attempt to prove that both women had abusedJandre. De Nysschen said Botha had assaulted Jandre on numerousoccasions. She said Botha had always said she was doing this "to instildiscipline in him".De Nysschen testified that she, too, had occasionally slapped Jandrewhen he was naughty, but denied she had used brute force. She said theonly time she had assaulted Jandre was on June 2 when she had punchedhim hard in his face. The case was postponed until November 30. -Mercury Correspondent This article was originally published on page 3of The Mercury on November 18, 2005
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