South Africa: Baby Daniel's Mother to Spend Christmas Behind Bars After Bail Bid Is Postponed

21 December 2018

A woman who was convicted of child neglect in connection with the death of her son, Daniel, has changed lawyers, leading to the postponement of her bail application in the Gauteng High Court in Johannesburg.

On Thursday, Maryke Cloete* was convicted on two counts of child neglect, while her former boyfriend Timothy Naidoo* was found guilty of abusing and killing the three-year-old boy in 2016.

Judge Collin Matshitse revoked Cloete's bail after she was convicted. Her new lawyer, Ruaan Hollamby, asked for the matter to be postponed to allow him time to take instructions from his client.

The matter will resume next year on January 3.

Arriving in the courtroom from the holding cells on Friday morning, Cloete burst into tears and cried uncontrollably. Her family rushed to her side to console her.

She told her mother that she hadn't slept well on her first night in jail. Her mother promised to provide her daughter with the best legal team.

The testimony by medical experts, revealed the extent of the torture and the resulting injuries, which included a broken elbow, broken femur, injured ribs and a second degree burns to 60% of his body.

Naidoo, who wasn't the child's biological father, said Daniel had fallen into a bath of hot water and, although he had seemed fine afterwards, he had been found dead the next day.

A forensic pathologist testified that the child's injuries had been inflicted while he was still alive.

Daniel was never taken to hospital for the burn injuries, but prior to this he had been to hospital several times.

Matshitse rejected Naidoo's version that Baby Daniel had accidentally fallen into the bath filled with hot water and hit his head against the tub.

"The evidence before the court points that the child was abused throughout his lifetime. The child was previously and consistently abused. The mother turned a blind eye to the abuse. Being afraid of Naidoo, she became silent and her silence led to the death of the child," the judge said.

* Not their real names

Source: News24

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