Convicted child killer Melvyn Volkwyn has lost his appeal at the Western Cape High Court.
Volkwyn was found guilty and sentenced to 20 years behind bars for the murder of toddler Orderick Lucas.
After waiting for an answer for more than a month, Volkwyn was informed last week that the same judge who convicted him has denied his application to appeal her judgement.
He will now lodge an application with the Supreme Court of Appeal in the hopes of overturning the judgement.
For three years, the hairdresser from Kleinvlei has denied killing the toddler and says the state did not prove beyond a reasonable doubt that he murdered the one-year-old boy.
Orderick was last seen on 24 March 2019 but it was only four days later when his mother, Davedine, realised he was missing.
On 2 April 2019, his tiny body was discovered in a drain a street away from his ouma’s home and Volkwyn was charged with his murder.
This follows claims by Davedine that he was the last person to care for the boy.
Volkwyn denied this throughout the trial, claiming he handed the child back to her alive.
In August 2021, Volkwyn was found guilty and sentenced to 20 years in the mang as Acting Judge Nolundi Nyati labelled him a “monster covered in candy floss”.
In his appeal, Volkwyn’s lawyer, Advocate Susan Kuun, said the state had failed to prove their case, highlighting the lack of physical evidence and the credibility of Davedine, who had confessed in court to being a drug addict who neglected her son and blew Mandrax smoke in his face.
But Nyathi said the essence of the case lay with who was last seen with Orderick.
According to state witness Joerina Nel, she went to visit Volkwyn at 6.20am on 25 March 2019, the morning after Davedine was assaulted, and did not see Orderick there.
Nyathi emphasised that Volkwyn had told the court that he handed Orderick to Davedine between 7am and 8am and said if this version was true, Nel would have seen the toddler.
However several witnesses, including Volkwyn, also gave estimations of time frames saying they did not have watches or clocks to give the exact times when questioned.
“The applicant is correct when it says that there is no direct evidence to prove that the applicant murdered baby Orderick. However, the circumstantial or indirect evidence is overwhelming,” says Nyathi.
“The circumstantial evidence in this case supports the substantial evidence... The applicant’s application for leave to appeal is dismissed.”
Kuun confirmed to the Daily Voice that she will now lodge an appeal with the Supreme Court as her client “maintains he is not guilty.”