Durban - A woman who allegedly ran an illegal children’s shelter from which she tried to broker two adoptions has had the charges against her provisionally withdrawn.
A Durban Regional Court magistrate ruled on Tuesday that alleged baby broker, Hester Elizabeth van Schalkwyk, 64, had no case to answer to for now because the state was dragging its feet in the matter and police investigations failed to trace witnesses.
Van Schalkwyk, also known as Elichia Driescher, ran the Survivor’s Children’s Sanctuary in Durban North for 11 years until her arrest in 2011 following a Carte Blanche television exposé.
The investigative programme alleged that she attempted to sell two toddlers, a brother and sister (whose identities cannot be revealed) who lived at the home, to several couples in 2011.
Van Schalkwyk was subsequently charged for facilitating illegal adoptions, fraud and running an illegal sanctuary.
On Tuesday, senior public prosecutor Val Melis asked magistrate Stanley Hlope for a further postponement as most of the witnesses were unavailable.
Melis told the court some of them had either emigrated or relocated premises, while others were untraceable.
Van Schalkwyk’s legal counsel, advocate Paul Jorgensen, opposed the application.
He told the magistrate the case had been on the court roll for 48 months, with numerous delays.
He said the charges brought against his client amounted to a knee-jerk reaction based on an exposé shown on television. However, none of those people who were interviewed were showing any signs of testifying in court.
Making his ruling, Hlope said the matter had been delayed for far too long, prejudicing Van Schalkwyk.
He said the investigating officer had failed to trace witnesses despite having seven months to do so, therefore there was no prospect of any of them turning up at court.
He ruled the charges be provisionally withdrawn until such time as the state got its counsel in order and summoned witnesses to become available.
Speaking on behalf of Van Schalkwyk after the ruling, Jorgensen said: “Those who appeared on Carte Blanche should have come forward to have their versions thoroughly examined.
“While Hester is relieved by the outcome, it is a pity she would not be able to demonstrate her innocence in court. Sometimes everything is not all they appear to be,” Jorgensen said.
Daily News