Evidence presented in court proved that Nolan Schoeman had a direct intention to kill his baby, the High Court in Pretoria heard on Tuesday.
Prosecutor Cornelia Harmzen argued that evidence by medical professionals and the testimony of a young boy proved that Schoeman had intended killing his son Wade.
She urged the court to reject Schoeman’s claims that he could not remember anything and to accept the young boy’s evidence that he saw Schoeman hit the baby on the head with a fist.
The State had proved beyond a reasonable doubt that Schoeman and his lover, Marissa Rudman, were guilty of murdering their baby, Harmzen said.
The only inference that could be drawn from the eight-week-old baby’s severe injuries was that his parents had caused them and knew he was going to die.
Harmzen submitted that the two should be convicted of abusing Wade and a young boy.
The abuse that caused the death of Baby Wade had not been an isolated incident.
His forearms were healing at the time he had “fresh” nail marks and bruises on his body. This was proof that the abuse was not a once-off incident, Harmzen said.
The baby’s mother claimed she did not notice any injuries on Baby Wade. Rudman said she had noticed only bruises on his head and red marks around his nose on the day before his death.
She said she thought the bruises had been caused by staff at the Pretoria West Hospital when they tried to insert a drip into the baby’s head.
Rudman discharged her baby from the hospital as “the doctors did not seem to know what they were doing”. She told the court staff had battled to insert the drip and at one stage held her son down, pushing on his head, to insert it.
Rudman sobbed bitterly in the dock as Harmzen told the court of Baby Wade’s injuries.
The baby died of head injuries in April 2009. His parents have been tried on child abuse and murder charges.
The prosecutor told the court Baby Wade had 22 fractures to his ribs and broken forearms, his brain injuries were so extensive that his brain was swollen and buckling his skull, his whole body was covered in bruises and abrasions and he had injuries to his feet – yet the child’s mother claimed she did not notice any of these injuries.
This was despite earlier testimony by a neurosurgeon who said the injuries were so obvious that anyone could see them clearly.
Harmzen said the evidence before court was clear. “Accused number one (Rudman) was worried about her baby, yet she did nothing to help, cure or protect him.”
Throughout the closing arguments, Rudman wiped tears from her eyes while shaking her head.
Harmzen once again urged the court to amend the charges to reflect the crime of child abuse as set out in the new Children’s Act, which came into effect on April 1, 2010.
“The accused would not be prejudiced by this and it is not in the interest of justice to charge them under the previous act of 1983.”
During an earlier appearance it emerged that the Office of the Director of Public Prosecutions (DPP) had mistakenly prosecuted the pair on two charges of child abuse under the previous Child Care Act.
The third charge, that of murder, is not affected by this.
Harmzen acknowledged the mistake and said it was an honest one made by the DPP and she should have noticed it earlier. The only difference between the two acts was that the legislature had broadened the definition of child abuse.
Defence advocate Karin Alheit disagreed with Harmzen. She said the definition of child abuse under the new act was much broader and included many more actions that reflected child abuse.
“There is no evidence before court that (Rudman) abused her child,” she said.
“The State has not proved any conduct on the part of my client that she caused the death by commission or an omission.”
Alheit argued that to secure a murder conviction, the State had to prove beyond reasonable doubt that Rudman knew of the assault on the baby by Schoeman and had foreseen that it could lead to their son’s death.
Advocate Mabanga Ledwaba, for Schoeman, said the judgement of the pair had been compromised because they had been abusing drugs.
Judge Cynthia Pretorius is to hand down judgment on August 13.
Pretoria News