Farmer's appeal dismissed

2008-12-02 21:01

Bloemfontein - An Eastern Cape dairy farmer's appeal against a murder sentence for the assault and death of a 15-year-old boy was dismissed by the Supreme Court of Appeal on Tuesday.

Stephanus Cornelius van Aardt, 51, of Somerset East was convicted of murder and sentenced to 12 years' imprisonment.

On February 28, 2006 Van Aardt assaulted Eliot Magabane, 15, on his farm by slapping him, hitting him with his fists, kicking and stamping on him and hitting him with a spade.

Magabane died due to his injuries in March 2006.

An appeal to a full bench of the Grahamstown High Court was unsuccessful.

On appeal before the SCA, Van Aardt's counsel argued that the State's evidence did not establish when and where the fatal injury was inflicted and what instrument or means was used to cause the injury.

His defence also suggested that it was possible that some strangers attacked the boy after Van Aardt had given him a "mere whipping" with a stick mainly on his back side.

A panel of three appeal judge's rejected the arguments and held that Van Aardt was the only person who assaulted Magabane and that this resulted in the injuries and death.

The Bloemfontein court concluded that Van Aardt was correctly convicted of murder. The SCA further found that the sentence was on the lenient side.

The appeal against conviction and sentence was dismissed.

- SAPA