The Western Cape High Court has dismissed an application for acquittal by alleged child killer, Derick Kalmeyer, for the murders of little siblings Faith and Conray Adams.
Sitting in the dock yesterday, the 54-year-old suspect appeared nervous as Judge Pearl Andrews gave her judgement on the application by defence advocate Bashir Sibda.
Kalmeyer is accused of violently stabbing three-year-old Faith to death and 18-month-old Conray before throwing him through a glass window.
Kalmeyer faces two counts of murder, two counts of attempted murder and one count of resisting arrest and has pleaded not guilty to all the charges.
During their testimony, the children’s mother, Frizaan Adams, and her friend, Christolene Orion, said Kalmeyer had argued with them and threatened them.
This after Christolene refused to leave the couple’s home with Kalmeyer’s friend, after allegedly agreeing to have sex with him.
The women said Kalmeyer became enraged and attacked them with a metal object and they fled for their lives, leaving their sleeping children behind.
Christolene said she ran back to fetch her child but did not see Kalmeyer killing the siblings.
Addressing the court last week, Sibda said the State’s case was “flimsy” and “half-baked” and called for his client to be acquitted as there was not enough evidence to secure a conviction.
The State objected, saying there was enough circumstantial evidence and that Kalmeyer was the last person seen with the toddlers before they were attacked.
State advocate Bulelo Mkoti said the state presented evidence from two witnesses who corroborated that Kalmeyer was carrying a metal object and was the aggressor, causing them to flee the shack and further highlighted that Kalmeyer was the only adult left inside the shack with the siblings.
Judge Andrews said she had found that there was a prima facie case against Kalmeyer on all five charges, but said this determination was only applicable to the current state of the trial as Kalmeyer has not yet taken the stand or brought any witnesses.
Andrews said: “It is accepted in our law that there is no onus on the accused to prove his innocence. In conclusion, his right to a fair trial is a factor to be considered and has been a factor to consider for the purposes of this application. I am enjoined to consider the evidence in its entirety as per earlier stated. This court is obliged to follow established legal principles.
“After careful consideration of the submissions made by the State and the defence, the application in terms of 174 of the Criminal Procedures Act is dismissed.”
The case was postponed to Monday.
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