Convicted child killer Melvyn Volkwyn has lodged an application for leave to appeal the judgement by the Western Cape High Court after he was found guilty for the murder of Orderick Lucas.
The hairdresser from Kleinvlei has repeatedly denied killing the toddler and says the state did not prove beyond a reasonable doubt that he killed the one-year-old.
Orderick was last seen on 24 March 2019 but it was only four days later when his mother, Davedine, discovered he was missing.
On 2 April 2019 his body was discovered in a drain a street away from his ouma’s home and Volkwyn was charged with his murder.
This followed claims by Davedine that he was the last person to care for the boy.
Volkwyn has denied this, claiming he handed the child back to her.
After a lengthy trial, Volkwyn was found guilty and sentenced to 20 years in the mang as Acting Judge Nolundi Nyati described Volkwyn as a “monster covered in candy floss”.
Now Volkwyn’s lawyer, Advocate Susan Kuun, has scrutinised the judgement, saying the state had failed to prove their case and highlighted the lack of physical evidence.
In documents handed to court, Kuun said the first incorrect inference was that Volkwyn intentionally took Orderick to his home on the night Davedine had been assaulted in order to kill him.
She said there was no way any of Davedine’s friends could have foreseen that she would not return and that Volkwyn made no secret about taking Orderick to his home while he waited for her to return.
Kuun said while the state pathologist reported that there was a suspicion of trauma to Orderick’s neck, the conclusion of the post-mortem was that the cause of death was unknown and not strangulation.
“The state had to prove that Orderick was murdered.
“It is apparent that the focus of the doctor conducting the postmortem was unnatural causes of death,” said Kuun.
“There was no focus on accidental death and possible natural causes or toxicology report.
“This leaves a possibility that Orderick could have died of an accidental death, maybe natural death or negligence, and whoever had him panicked and tried to hide him, like for instance the mother, who was not even supposed to have Orderick.(sic)”
Kuun said Davedine was not a credible witness as she was caught lying on the stand about various points, including Orderick’s broken arm and his paternity.
She emphasised that Nyati had deemed the defence team’s witnesses to not have been credible, saying they only testified to help Volkwyn get free, while Davedine and other state witnesses gave evidence in contradiction of medical reports.
“The court misdirected by finding that the case was proven beyond reasonable doubt, and finding the state’s witnesses credible and in rejecting the defence’s witnesses and their evidence.”
She added that the judge made an error when she stated that Davedine never intentionally hurt Orderick.
“She is a self-confessed drug addict who admits blowing Mandrax smoke into the face of Orderick when he became fidgety.”
A date for the application to be heard has not been set as yet.