Beaten, starved, tied, burnt and tortured with chilli powder: 'Society failed 3-year-old baby Jamie'

2018-11-01 21:12
(iStock)

(iStock)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Society failed 3-year-old Jamie who died from "child abuse" at the hands of her mother and grandmother.

This was the opinion of Judge Mohini Moodley in the KwaZulu-Natal High Court in Durban.

Moodley has a tough task during the next week when she decides what sentence to impose on Jamie's mother Patricia Kershnee Ishwarlall who has been found guilty of murder and a raft of other charges relating to the abuse of the little girl and others.

Ishwarlall is facing the music on her own after her mother Salatchie Basanich died of natural causes while awaiting trial in prison.

On Thursday, during arguments presented in sentencing proceedings, the judge noted that a social worker - who was supposed to be monitoring the family - had seemingly failed to notice the extensive injuries on Jamie who had been beaten, starved, burnt with cigarettes, had chilli powder put in her nappy and was tied to her bed at night.

Jamie died four years ago November, after being beaten on her head by Ishwarlall and Basanich. It was the final blow, but experts say the emaciated child would not have lived much longer anyway.

READ: Baby Jamie's mother found guilty of her murder, other charges for abusing her siblings

The judge also noted that in evidence, Jamie's older brother - who cannot be named and who also suffered abuse - had reported this to someone at his school.

"Neighbours also apparently reported it. I understand there is community outrage, yet various stakeholders did not respond. The community needs to look at itself."

The judge also questioned social worker Mahashni Naidoo - who compiled a report on the "best interests" of Ishwarall's surviving three children - as to who was supposed to be monitoring the family prior to Jamie's death.

Naidoo said this was done by a social worker from Chatsworth Child and Family Welfare, who she believed had now resigned.

Naidoo said the children did not want anything to do with their mother and were happy at the children's home. She said they were traumatised and on the anniversary of Jamie's death, the son grieved all over again.

"He says if it was not Jamie it would have been him."

Judge Moodley instructed that Naidoo investigate, and provide a written report to her, on a sexual abuse allegation.

"I tried to find out myself… but doors started shutting. How and why was this allowed to happen?"

Arguing for a sentence of no more than 10 years, advocate Murray Pitman, for Ishwarlall, said while his client was 34 years old, she functioned as someone aged 16 or 17.

"She was raped as a child, she suffered brain damage in a car accident and on top of this, she had a drug habit, and was very sensitive to her mother's manipulation.

"I accept that society wants its pound of flesh… but an element of mercy can be blended in because of the peculiar and heart-wrenching circumstances of her own life."

But senior State advocate Cheryl Naidu said while there were mitigating factors, the extent of the abuse outweighed them.

"She violated every single one of Jamie's constitutional rights. She hated Jamie. We don't know why. And she has shown not one iota of remorse. The sheer horror of what happened to Jamie makes everything else fade into insignificance."

Naidu said aside from the physical and emotional abuse, the "most damning" crime was withholding food from the little girl.

"She took the tea from out of this emaciated little girl's hand and threw it in the sink.

"I would say she deserves no less than 25 years in jail."

Sentence will be passed on November 8.

Read more on:    durban  |  child abuse

Join the conversation!

24.com 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.
NEXT ON NEWS24X

Inside News24

 
/News
Traffic Alerts

Jobs in Cape Town [change area]

Jobs in Western Cape region

SQL Reporter

Cape Town
Communicate Cape Town IT
R10 000.00 - R12 000.00 Per Month

Reporting Accountant

Cape Town
Network Finance Professional / Prudential
R310 000.00 - R360 000.00 Per Year

HSE Manager

Cape Town
Tumaini Consulting
R550 000.00 - R650 000.00 Per Year

Property [change area]

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

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 24.com network.

Settings

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.