Private prosecution sentence delay

2014-10-01 00:00

CAPE TOWN — The man who was recently found guilty of murder of a KwaZulu-Natal woman in a historic private prosecution case will have to wait to hear his punishment.

Faizel Hendricks, who wasfound guilty in July of murdering Rochelle Naidoo (27) in 2005, appeared in the Malmesbury regional court yesterday.

Hendricks’s sentencing proceedings, scheduled for yesterday, were postponed because, among other things, the Correctional Services reports were not finalised.

Advocate Gideon Scheltema SC who represented Naidoo’s mother, Sara Asmall, said the delay was bad for both parties.

“The family of the deceased had travelled from KwaZulu-Natal to Malmesbury for the court case. It has been nine years since the deceased died,” he said.

Hendricks’s conviction in July is the only known successful private prosecution for murder in South Africa.

The Asmall couple said they were unhappy with the delay, but after waiting for nine years, “another few months probably won’t hurt”,, Sara Asmall said outside the court.

Hendricks said he would issue a media statement later.

During a private prosecution, an individual assumes the role of the state. Private prosecutors must, among other things, provide security for the costs, which the state normally covers.

The night before Naidoo was shot, she and Hendricks had a big row in her flat.

Because Hendricks was the only other person in the flat in Palms Mews in Woodstock during her death, he was arrested for her murder, but pleaded not guilty. The case against him was later withdrawn by the director of Public Prosecution in the Cape high court.

An inquest followed, but the results were not conclusive.

Naidoo’s parents, Sara and Yunus Asmall, then decided to prosecute Hendricks privately.

Regional magistrate Michelle Adams yesterday ordered that the report by the Department of Correctional Services must be finalised by November 21. The case was postponed to next year, January 28.

Advocate Megan Blows, for the office of the Director of Public Prosecutions, attended the case in a monitoring capacity.

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