Durban - The mother of a Havenside, Chatsworth toddler, who died of blunt force trauma following alleged child abuse, acted in common purpose with her former co-accused, her late mother, to ill-treat and kill the child, it was argued in the Durban High Court on Monday.
The 35-year-old mother and the child’s grandmother, who died in jail in April, were charged with multiple counts of assault with intent to do grievous bodily harm, child abuse, sexual assault and murder.
The 3-year-old girl, who cannot be named, as her minor siblings are also alleged victims, was found dead in her home four years ago.
The State argues that the mother, who was dressed in a red tracksuit and sat smiling and giggling throughout the proceedings, was present or involved in some of the incidents, and had failed to stop the acts of abuse, provide medical assistance and was complicit in the child’s death.
According to the indictment, the child, referred to as Baby X, and her two siblings, then 11-year-old brother and 8-year-old sister, faced torture and abuse for several years. Their 2-year-old sister was apparently spared.
The State claimed the grandmother had once throttled and repeatedly lifted Baby X off the floor and threw her back down again.
The following day, her mother allegedly hit her repeatedly with a high-heeled shoe while standing in the kitchen, with the grandmother, who was awoken from her sleep, joining in. A plastic packet was alleged to have been placed over the child’s head that night when she went to sleep.
She died the following day.
In order to punish Baby X, her grandmother would also not give her any food and had tied her to the bed, the State claims.
Baby X’s brother was struck on his body with open hands, a leather belt, a ruler and shoes.
He was pinched and burnt with cigarettes and a hot iron. He was forced to beg for money on the streets of the Durban CBD, and if he refused, he was assaulted, the State claims. His penis would be pinched or burnt with a cigarette.
Her older sister was also allegedly struck with an open hand, belt, ruler, shoes and a wooden spoon. She was also allegedly struck with a wooden spoon on her private parts.
The indictment indicated that none of the children had received medical treatment.
On Monday, prosecutor Sheryl Naidu told the court, presided by Judge Mohini Moodley, that the boy had sustained serious injury after being burnt with the iron.
“The accused was living at the home at time of the incident. She may have put something on his hand, but the injuries required medical intervention. She also instilled fear in them (children) not to bring this to any person’s attention, so she had to have known how serious these injuries were, as she knew there would be consequences,” Naidu argued.
“Though (she) herself did not pinch or burn him, she had the obligation as a mother to provide him with medical assistance, but she deliberately didn’t, because she did not like him.
“The accused denies she at any stage took them to beg. However, the children testified independently that the accused indeed had instructed them to do so. They understood and referred to the act as ‘hustling’.
“The boy said in his evidence that the money collected in begging was handed over to the accused to be used for bread and milk. The fact that money was a benefit does not detract from the fact that children engaged in that conduct.”
Naidu said the boy was able to present his evidence clearly. It was consistent and corroborated that of his sister.
“They (children) could have gone to greater lengths to implicate the accused, but they didn’t. They just told the court what had happened to them.”
She said the boy had mentioned in his evidence that “they” would burn him and his sister with cigarettes and would hit them. “Those actions were perpetrated herself, and she acted in common purpose with the co-accused.
“The accused would also deny her food, deliberately starving her and bind her hands and legs with rope, thereafter tying her to the bed at night. The accused said the actions were done out of fear for her co-accused. However, according to the children’s evidence, these actions were also perpetrated when the deceased had not been at the home.”
Naidu also told the court that when Baby X was beaten with a shoe by the mother, the accused could have stopped her own mother, who had awoken and also beaten the child.
“The accused acted in common purpose with her co-accused in bringing the death of this child. The reason, she did not like the child.”
Defence counsel advocate Murray Pitman said his client did not have legal rights over the children, as they were in the foster care of their grandmother. He also said that the children were not reliable witnesses.
“The children’s evidence were contradictory, and the court should be wary of accepting (it). The real evil, in this case, was the grandmother, and the accused did not have the courage to stand up to her,” Pitman argued.
“We also have to look at her intellectual impairment. Years before the incident, she suffered severe brain damage that influenced her capacity of making decisions.” He said the mother had the mental capacity of a child of between 9-16 years-old.
Judgment is expected to be handed down next month.