Judge says mom turned blind eye as lover abused, later killed her son

A judge found a Joburg mother guilty of two counts of negligence for turning a blind eye to her boyfriend abusing her son who later died. File photo: African News Agency (ANA) Archives

A judge found a Joburg mother guilty of two counts of negligence for turning a blind eye to her boyfriend abusing her son who later died. File photo: African News Agency (ANA) Archives

Published Dec 20, 2018

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Johannesburg - The "negligent" mother who watched her 3-year-old son being brutally abused broke down hysterically following her guilty verdict on two counts of neglect.

The charges are related to the gruesome torture and subsequent death of * Baby Daniel who met an excruciating ending.

On Thursday at the South Gauteng High Court, Acting Judge Collin Matshitse found 29-year-old *Maryke guilty of two counts of child neglect, while the boy's step-father, *Timothy, was convicted of child abuse and murder.

Baby Daniel, died in June 2016 after suffering 60% burns throughout his body when he was submerged in boiling hot water in a bathtub. 

Judge Matshitse lambasted both Maryke and Timothy, saying they were party to Daniel's abuse throughout the boy's life.

Although Maryke was acquitted of murder, Judge Matshitse said she had "turned a blind eye" and was "negligent and aware" of Daniel's systemic abuse. 

"Her (Maryke) silence caused the death of her son. As a parent, she deliberately failed to give her son proper care," Judge Matshitse emphasised.

Both Timothy and Maryke broke down hysterically upon their respective guilty verdicts. 

#BabyDaniel: Court resumes. HW Smith, lawyer for Maryke, the mother of the 3-year-old boy who was brutally murdered by his step-father Timothy, is applying for the bail extension for her client. @ReporterStar, @TheStar_news, @IOL. pic.twitter.com/cuFnnc7jFe

— Khaya Sibulele Koko (@khayakoko88) December 20, 2018

An adjournment had to be taken during the judgement when Maryke started crying while the judge was going through some of the gruesome injuries Daniel suffered. 

It also emerged during the trial that Daniel, at the time of his death, had a slew of ghastly injuries caused by suspected torture on his body, which included:

·  Sustaining at least 15 separate blunt-force injuries ranging from moderate to large force;

·   The blunt-force injuries ranged in degrees of age, with several thereof inflicted between 24 and 48 hours prior to the boy’s death;

·    Daniel’s burn wounds were inflicted a minimum of 12 hours prior to his death; and

·   Although possible, it was highly improbable that Daniel suffered a fractured rib as a result of attempts to resuscitate him.

Timothy’s version was that the broken bones were caused by Daniel falling off a tree and also his bike, while he attributed the bruises to the boy slamming into a wall.

#BabyDaniel: Judge Matshitse says the application is not properly before court; amendments have not being signed. Judge Matshitse decides to postpone this application until Smith "gets his house in order". Maryke is convicted on 2 counts of child neglect.

— Khaya Sibulele Koko (@khayakoko88) December 20, 2018

Maryke said she had accepted the explanation of Timothy on how Daniel suffered his heinous injuries saying she only realised the burn wounds the day after the child was subsumed in the hot water.  

Maryke's lawyer advocate HW Smith indicated that his client would be applying for an extension of her bail until sentencing is heard.

Court as adjourned. Timothy was denied bail during the trial and is still in custody.

#BabyDaniel: Court adjourns. Maryke will return tomorrow for bail application. Child murderer Timothy will be back next January for a progress report on the probation reports before sentencing. Both convicted criminals are remanded in jail.

— Khaya Sibulele Koko (@khayakoko88) December 20, 2018

*Not their real names.

@khayakoko88 

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