Report on killer opposed

2015-01-29 00:00

CAPE TOWN — A report that suggests a convicted murderer is a candidate for a rehabilitative sentence outside prison has met with much opposition.

“He is a good candidate for a rehabilitative sentence,” said Eugene Mulder, a ­probation officer in the sentencing of ­Faizel Hendricks (41) in the Cape Town regional court.

In a historic private prosecution, ­Hendricks was last year found guilty of murdering Rochelle Naidoo (27) nine years earlier. It was the first private ­prosecution in South Africa’s legal history that resulted in a guilty verdict.

Mulder read his report, but admitted he had not received any of the documents in the case, including the charge sheet or a copy of the verdict.

Advocate Gideon Scheltema SC, for Naidoo’s mother, Sara Asmall of Pietermaritzburg, said he could not understand how Mulder could draw up a report without asking for a copy of the verdict.

“You were very selective in your ­approach,” he told Mulder.

Mulder answered it was his opinion and he did not have to agree. In his report, ­Mulder said Hendricks suffered from ­depression and was supporting four ­children. He also noted Hendricks felt ­remorse and had often tried to communicate with the Asmall family after the ­murder, but he was not allowed.

Scheltema said this was not true. He specifically referred to Hendricks’s ­testimony during Naidoo’s inquest. “Her family was there. At no stage during his testimony did he turn to the family to say he was sorry.”

Advocate John van der Berg asked that Mulder should get a chance to compile an amended report in which he takes into consideration all the information of the case.

Magistrate Michelle Adams agreed and postponed the case to April 7.

Hendricks said after the court proceedings he would like to speak to the media, but will do so at a later stage.

• Corruption Watch explains that the Criminal Procedure Act allows any private person who suffer direct harm or injury from a crime to launch a prosecution, if the National Prosecuting Authority ­declines to prosecute or halts a prosecution, provided certain substantive and procedural requirements are met.

Join the conversation! encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions. publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24


WATCH: Man films himself going down water slide upside down as things go very wrong…

What is at first an exciting tummy-turning adventure stunt, quickly turns into a scarily bad idea caught on camera. Take a look:


You won't want to miss...

Best date night restaurants in South Africa
WATCH: Ryan Reynolds offers fans a free tattoo in new Deadpool 2 teaser
Should you date your co-worker?
Hip Cape Town bars to discover this summer
Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.