NPA denies Charnelle's killer, rapist was able to negotiate sentence

Charnelle McCrawl Photo: Supplied

Charnelle McCrawl Photo: Supplied

Published Mar 22, 2019

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Cape Town – Convicted child rapist and murderer Carlo de Kock has objected to a life imprisonment sentence after pleading guilty to the crimes committed on his 10-year-old niece, Charnelle McCrawl.

The 33-year-old Manenberg resident entered into a plea with the State admitting to raping, murdering, kidnapping and obstructing the ends of justice in the 2017 incident.

Charnelle, a Grade 4 pupil at Primrose Park Primary School, was reported missing on October 19, 2017, when she failed to arrive at school.

On October 20, Charnelle was found at Vygieskraal dam in Manenberg, wrapped in a curtain and bag, metres from her Audrey Court home.

Shortly after the gruesome discovery, De Kock and his former co-accused were arrested.

The State dropped charges against the second suspect last year as there was insufficient evidence against him.

DNA evidence and semen traces collected on Charnelle’s body and clothing linked De Kock to the crime.

Having performed a “sexual act on the minor” and “grievous bodily harm inflicted”, the State argued De Kock faces the minimum sentence applicable which is life imprisonment.

State prosecutor Marize Engelbrecht had previously said a partial agreement was reached but they could not agree on a sentence.

National Prosecuting Authority spokesperson Eric Ntabazalila said: “We want to get rid of the idea that he was given an opportunity to choose a sentence.

“That assumption, as was reported, is wrong. He tried to negotiate a sentence agreement with us, but we were not prepared to accept any sentence other than life imprisonment, due to the seriousness of the offence and total absence of mitigation.

“These negotiations therefore failed and the matter must take its normal course through the courts.”

He said child murders will be met with no tolerance. “He pleaded guilty to kidnapping of a minor; rape, murder and defeating the administration of justice.”

Ntabazalila said sentencing will proceed with evidence in aggravation of sentence in April before another judge.

At De Kock’s previous court appearance, Judge Yahya Hlophe said he would take into account De Kock has been in custody for two years, he pleaded guilty and a first-time offender.

“Those three facts immediately, in my view, would warrant some departure from the prescribed minimum sentence.”

Cape Times

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