The Western Cape High Court has dismissed an application by alleged child killer Derick Kalmeyer to be acquitted of the murders of slain siblings Faith and Conray Adams.
Sitting in the dock yesterday, the 54-year-old man appeared nervous as Judge Pearl Andrews read out her judgment on the application by defence advocate Bash Sibda.
According to the State’s case, Kalmeyer stands accused of attacking the two children by violently stabbing three-year-old Faith to death and stabbing 18-month-old Conray multiple times and then hurling him through a glass window.
Kalmeyer faces two counts of murder, two counts of attempted murder and one count of resisting arrest. He has pleaded not guilty to all the charges.
During witness testimony by the children’s mother, Frizaan Adams, and her friend, Christolene Orion, it was revealed that Kalmeyer had allegedly argued with the women. The duo told the court that this followed Orion’s refusal to leave the couple’s home in Houtkapper Street with Kalmeyer’s friend after allegedly agreeing to have sex with him.
They said he became enraged and attacked them with a metal object and as they fled the siblings were left behind sleeping.
Addressing the court last week, Sibda labelled the State’s case “flimsy” and “half-baked” and called for Kalmeyer to be acquitted, claiming there was not enough evidence to secure a conviction. He then lodged an application to have his client acquitted.
The State objected, saying there was enough circumstantial evidence and that Kalmeyer was the last person seen with the toddlers before they were viciously attacked.
Judge Andrews told the court that in all five counts she had found that there was a prima facie case against Kalmeyer, but said this determination was only applicable to the current state of the trial as Kalmeyer has not yet taken the stand or brought any witnesses.
“It is accepted in our law that there is no onus on the accused to prove his innocence. In conclusion, his right to a fair trial is a factor to be considered and has been a factor to consider for the purposes of this application.
“I am enjoined to consider the evidence in its entirety. This court is obliged to follow established legal principles.
“After careful consideration of the submissions made by the State and the defence, the application in terms of 174 of the Criminal Procedures Act is dismissed.”
The case was postponed to Monday. State advocate Bulelo Mkoti said the State presented evidence from two witnesses who corroborated that Kalmeyer was carrying a metal object and was the aggressor causing them to flee the shack.
He further highlighted that Kalmeyer was the only adult left inside the shack with the siblings.
The judge will make her decision on Monday.
mahira.duval@inl.co.za