News24

Girlfriend-killer found guilty in private prosecution

2014-07-10 13:09

Cape Town - A man has been found guilty of murdering his girlfriend nine years ago, after her family succeeded in getting him convicted in a private prosecution.

Die Burger reported on Thursday that Sara Asmall burst into tears when her daughter Rochelle Naidoo's former boyfriend Faizel Hendricks was convicted in the Malmesbury Regional Court on Wednesday.

Asmall said she knew her daughter would not have killed herself, and launched a lengthy battle to have Hendricks convicted.

The Witness reported that Naidoo, 27, was shot dead in her flat in Cape Town in June 2005. Hendricks was the only other person present that night, and they had apparently been seen arguing earlier.

Inquest

Hendricks pleaded not guilty to murder and the case against him was withdrawn. It was suggested at an inquest in 2008 that Naidoo may have committed suicide, but the inquest returned an inconclusive verdict. Asmall and her husband, who live in Pietermaritzburg, then instituted a private prosecution.

Private prosecutions are very rare, and this is the first since the so-called Trojan Horse case in Cape Town in 1985, in which a number of policemen were prosecuted, but acquitted, for killing protesters. In order to launch a private prosecution, and individual must have an exceptional interest in the outcome of the case, and also put up security to cover the costs, according to Die Burger.

Hendricks chose not to testify in court, although he had testified at the inquest in 2008. He was found guilty beyond a reasonable doubt, and must return to court on 30 September for sentencing.

Comments
  • Lynda Griffin - 2014-07-10 13:26

    Well done to the parents for never giving up, It has to stop the murdering of woman by the people that they trust!! the men in their lives!

  • Phil Galpin - 2014-07-10 13:28

    Saw nothing in the story about the Court ordering the NPA to pay the parents expenses, but hope this happens. Might be a wakeup call for them. Just like you have to instigate your own security in South Africa, this shows that you have to also instigate, and pay for, your own justice to be heard in a Court of Law! However, will the NPA join him in his Appeals? As it undermines their own, already shaky, credibility, I foresee this happening. At the taxpayers expense of course!

      SheilanDerek de Beer - 2014-07-10 15:59

      Once again .. a crap initial investigation by the SAP , and lack of interest by the NPA ... !!

  • Roddy Jardim - 2014-07-10 14:01

    Private citizens doing the governments job. Family should seek compensation from minister of justice or police, both totally useless. There are probably thousands of cases like this that unfortunately the victims are unable to pursue further.

  • Louise-Roger Higham - 2014-07-10 14:03

    Well done to the family, another killer off the streets and justice for their child

      Kashiefa Kader - 2014-07-11 15:04

      You ignorant and misinformed so i would forgive you for your judgemental comments.

  • Albert Martin - 2014-07-10 14:22

    Well said Karen

  • Karryn Pillay - 2014-07-10 15:28

    Another case of tax paying people having to do the work of our cANCer govt.

  • Mthamiz Sjongo - 2014-07-10 18:44

    Please guys once a guy starts acting suspicious,run until your legs breaks and nevermind what heppen behind you.

  • Alistair Campbell - 2014-07-10 20:40

    If OP is acquitted I'm afraid that will be the end of it. Should any attempt to reinstitute the prosecution be made he will have the plea of autrefois acquit (prior acquittal) to fall on, what is know in other jurisdictions as double jeopardy.

  • Bomani Afrika - 2014-07-11 06:54

    People should sue the police and prosecutors directly, so that they are personally held accountable. Maybe then they will start doing their jobs correctly.

  • Tasneem Abrahams - 2014-07-11 14:15

    Seeing as none of you know these people or what actually happened why don't you reserve your ignorant comments. As there are always 2 sides to a story which I would love to slap you in the face with right now but unfortunately am not able to do so. For all you God fearing people out there just a little reminder ONLY GOD CAN JUDGE Tasneem Abrahams (nee Hendricks) Yes we are related!!!

  • Saadika Jacobs Brenner - 2014-07-11 14:30

    Did any of you get to find out the proper story before assuming. My opinion ... Get your facts straight before judging. There's always two sides to a story.

  • Natashia Amod - 2014-07-11 14:53

    Faizel Hendricks, girlfriend killer! That's a right royal joke. If you journo's and others bothered to get your facts straight instead of listening to a guilty ridden mothers story, you would know, she was one unstable individual, who was in fact estranged from her parents. Outspoken, lively character ... Any of you heard the term Bipolar! Faizel, murderer..? Hahahaha

      Vernon Thaver - 2014-07-16 21:35

      it would be good to see your comment if this happened to your sister

      Dan Salim - 2014-07-26 03:21

      @Vernon T, how can you even say that? Her sister, your sister or my sister..how often do you get surprised by someone you thought you knew..family or friend. You never know!!! You obviously living in a bubble..

  • Lecture Manynews - 2014-07-11 17:29

    welldone in findng d killer

  • Cecile Cronje - 2014-07-11 20:12

    It is a dark day in SA for individuals to have to resort to private prosecution in order for justice to prevail.

  • Cecile Cronje - 2014-07-11 20:14

    It is a dark day in SA when individuals have to resort to private prosecution in order for justice to prevail.

  • Dan Salim - 2014-07-26 03:00

    Please explain how it is possible to publish a story from one side only. Is it possible to conclude substance or truth only getting comments from one side, when clearly in this case there's two sides to the story. Freedom of speech is one thing but its disappointing to see that you can blatantly disregard all the facts..how is this even possible?

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