The families of some of the ten children killed in last year’s Buttskop level-crossing tragedy say they are “shocked” and “disappointed” at yesterday’s Western Cape High Court decision to extend the bail of the taxi driver convicted of murder, Jacob Humphreys.
Speaking to the Cape Argus after Humphreys was released yesterday, the parents reacted with dismay, saying it was unfair.
The children were killed last August when Humphreys dodged a boom at the Buttskop level crossing in Blackheath and collided with a train.
Humphreys was out on R20 000 bail throughout his trial, but after his conviction Judge Robert Henney ordered that he be taken into custody.
Humphreys wanted to apply for leave to appeal against Judge Henney’s refusal to extend his bail, but the judge was not available. He then applied to Acting Deputy Judge President Siraj Desai to be freed until Judge Henney became available. Judge Desai extended Humphreys’s bail, but ordered that it lapse by January 30. By then, Humphreys will have to have brought the application for leave to appeal.
On December 12 Humphreys was convicted of 10 counts of murder and four counts of attempted murder, the latter relating to the four children injured in the crash.
The children who died were Nadine Marthinessen, 16, Liesl August, 11, Cody Erasmus, 15, Jody Phillips, 13, Reece Smith, 7, Nolan February, 13, Michaelin de Koker, 11, Jason Pedro, 14, Jeane-Pierre Willeman, 13, and Jade Adams, 10.
Jody’s mother, Valerie Phillips, said yesterday afternoon that she had not been aware of the court developments until contacted by the Cape Argus.
“It’s so unfair… whether he’ll be out for Christmas won’t make a difference - it’s not going to bring my son back.
“Mr Humphreys is not an important factor in my life any more… when he is behind bars his family can still come and visit and where do we go? To a graveyard,” she said.
Phillips is not ready to face the festive season.
“My Christmas, my whole life, will never be the same again. I feel for Mr Humphreys and his family, but he must never forget and he must take whatever punishment he gets as a man.”
Reece’s mother, Rochelle Smith, said she was shocked and very upset to hear the news.
“Last year we had a very devastating Christmas knowing he was at home and now he’s going home again,” she said. “I felt relieved thinking he was in (prison) and I was looking forward to Christmas, but with this news, I don’t know any more.”
Jade’s mother, Judy Adams, said she saw the news on television yesterday.
“Last year it was all of us at home very sad about our children and he was with his family. So this year it was almost a comfort to know he wasn’t going to be with his family and now this happens,” she said.
Gerty Williams, mother of Jean Pierre, said: “I feel very unhappy… He can walk around freely on the earth, but when he gets to heaven he won’t walk freely,” she said. - Cape Argus