State pathologist's findings on penetration disputed in Courtney trial

Mortimer Saunders File photo: African News Agency (ANA)

Mortimer Saunders File photo: African News Agency (ANA)

Published Sep 4, 2018

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Despite the defence trying to prove otherwise, the Western Cape High Court heard on Tuesday that the sperm found in Courtney Pieters’ deep vaginal vault could have been deposited there only by penile penetration.  

This came to light during the cross-examination of privately appointed forensic pathologist Segaran Naidoo, who was appointed by the defence counsel for rape and murder accused Mortimer Saunders.  

Earlier this week, Naidoo said he had not been “convinced” of bruising to Courtney’s vaginal wall, but “if there was indeed bruising, these were without a doubt inflicted after she died”.

“In my opinion, there was neither any bruises ante- or post-mortem. If there is injury, it was caused after death, but because there was lack of a vital reaction there is no evidence of injury on the genitalia,” Naidoo said.

Previously, forensic analyst Luthando Tiya testified that sperm was found in Courtney’s deep vaginal vault.

In his plea statement, Saunders said he had penetrated the toddler’s vagina, “became aroused, then took out my penis”.

Naidoo also alluded to the State pathologist having possibly misdiagnosed bruises to Courtney’s body, saying that she was “new and inexperienced”.

State expert witness and pathologist Johan Dempers had supervised Aloysia Ogle when she conducted the autopsy.

Referring to an upper lip bruise, Naidoo said the upper lip of Courtney had blisters and no abrasions.

“If I were new and inexperienced, I would have also called it abrasions. However, my opinion is that it was misdiagnosed. We cannot exclude that it was an abrasion, but in my opinion it is not; there is a low possibility of it being an abrasion.”  

Family members seated in the gallery struggled to choke back tears yesterday, on what would have been Courtney’s fourth birthday, as graphic pictures were shown in court where the lifeless body of the toddler was found

In his plea statement, Saunders further confessed to the murder of the child by giving her ant poison in liquid form and when she tried to call for help, he “closed her mouth with a towel and choked her”.

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