By Karen Breytenbach
A Parow Regional Court magistrate warned the mother of murdered two-year-old Randoline Fortune and other State witnesses that they could derail the State's case against the man accused of her rape and murder if they did not co-operate with the State.
The State alleges that on February 28, 2008 Angelo Peterson, 31, a neighbour, led the toddler away while her mother worked at a spaza shop.
He allegedly brought her home hours later, bloodied and wrapped in a towel. The toddler died of internal injuries before reaching the hospital.
Yesterday Peterson pleaded not guilty to charges of murder and rape.
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The case was postponed in July to this week to give the witnesses, including the baby's mother Dionick, grandparents, aunt and her mother's new boyfriend, the opportunity to go for state-sponsored counselling to prepare them for testifying against Peterson.
But none of the witnesses met their scheduled appointments with counsellors, nor did they arrived for consultations with State advocate Lorraine van Wyk.
When Fortune and others arrived late on Monday, Regional Magistrate Alexis Damon-Zloch warned them the case could be scrapped from the roll if they were late again.
Yesterday Damon-Zloch again warned the witnesses that she would postpone the case for the last time, until today, because they needed counselling.
"I am utterly dissatisfied with the witnesses' lack of co-operation ... (as) it seems they do not care. The State witnesses have been given plenty of chances," she said.
Damon-Zloch warned them it would be on their consciences if the State was unable to lead evidence against Peterson.
Damon-Zloch said closing the State's case now was undesirable, but the accused had the right to a speedy trial. She implored the witnesses to listen to Van Wyk who was trying to help them.
As she tried to explain the seriousness of the situation, some of the witnesses began chatting, sparking a further reprimand.
Fortune's lack of counselling came to the attention of the court when she broke down on the stand. She trembled with shut eyes and whispered her name and address in Valhalla Park, but was unable to continue when she was asked if she knew the accused.
Sobbing uncontrollably, Fortune was taken outside and collapsed in the passage. The hearing stood down to give her time to compose herself, but she did not take the stand again.
Van Wyk said she had tried to help Fortune to be emotionally ready for testimony, but she and her family had not gone to the counselling arranged for them.
Peterson's Legal Aid attorney, Safia Karriem, said her client was unhappy about the delays caused, but she understood the need for counselling for the witnesses.
Karriem said no plea explanations would be submitted and no admissions would be made, save the child's identity and when she died. All the other aspects of the State's case would be disputed.
karen.breytenbach@inl.co.za
- This article was originally published on page 8 of Cape Times on October 07, 2009
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