Cape Town - The family of murdered 20-year-old Stellenbosch University student Robyn Pearce celebrated a small victory after a Western Cape High Court judge rejected the plea and sentence agreement of her alleged killer.
The agreement was entered into by the State and defence on behalf of 29-year-old murder accused, Wasief Buxbey.
Pearce, a second-year humanities student, was stabbed to death at her family’s apartment in Sea Point on December 2, 2016. She was stabbed about five times in her stomach and some items were stolen from the flat. Buxbey, from Ottery, had at previous appearances at the lower courts confessed to the murder.
On Monday, both the State and defence advocates had hoped to finalise the matter. However, Judge Mark Sher said he had gone over the agreement and was not happy with it.
“Having read the plea, I have unease. It does not sit well with me. On facts as they stand, this sentence, I am not convinced it's a just sentence,” he said.
Defence advocate Morne Calitz replied: “If the court is not satisfied with the agreement, then the matter will be reallocated and trial will have to run in a different court.”
Calitz was given time to consult with Buxbey and State prosecutor Christopher Burke also briefed the family.
Outside court, scores of women activists protested calling for justice. When news of what had occurred in court broke out the protesters cheered. Bronwyn Pearce, Robyn’s aunt, said the court’s decision vindicated the family.
A number of people have come out to support the family of Robyn Pearce, a Stellenbosch student who was murdered in December 2016. Video: Zodidi Dano/Cape Argus
“I don’t think the plea bargain fit the crime and that it was fair. For us anything might happen going forward. It’s a small victory, an opportunity and a chance for the sentence to be increased. We never know what will happen,” she said.
Pearce said the family was aware that the trial proceedings may take months, but said the family was in it for the long haul.
“We want to see justice done and we want this case to set a precedent for other women who are murdered, raped and abused. That harsh sentences and the justice system take it seriously that justice not only fits the crime but is a deterrent for other would-be murderers, rapists and abusers,” she said.
Pearce said the family, especially Robyn’s mother and sister, were struggling.
“It’s been difficult, traumatic draining emotionally,” said Pearce.
A new judge will be allocated the matter which will resume on March 1.