Chevonne Rusch: Murder case postponed to January 2023
On November 9 the case was postponed after the state requested more time be given for medical reports to be completed to finalise the indictment for High Court.
The murder case of Chevonne Rusch has been postponed as investigations and preparations for an indictment continue.
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The case, which was heard in Germiston Magistrate’s Court on November 9, was postponed until January 19.
Before the matter proceeded a media application from Bedfordview and Edenvale News to photograph the accused was heard before the court.
The magistrate referred to previous media applications, which were approved, stating that it was in the interest of justice to allow the media to document court proceedings. The defence of the accused did not object.
In May the NEWS reported that a case of murder was opened after the deceased child was taken to Wannenburg Clinic in Primrose.
Bedfordview SAPS spokesperson Sergeant Lillian Modiga told the NEWS that Primrose police officers were called to the clinic shortly after 13:00 on May 11.
“When officers arrived, nurses showed them a child who was brought in by a man believed to be the child’s stepfather.
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“The child was wrapped in a blanket.
“The child had blood in her mouth and bruises all over her body.
“The child also had a wound on the back of her head,” she said.
Modiga said due to the injuries a murder docket was opened.
Mother of the two-year-old girl, Rochelle Botha, made her fourth appearance while Cornelius Stefan van Niekerk made his fifth appearance.
Van Niekerk faces charges of murder while Botha faces charges of murder of a minor, assault with intent to cause grievous bodily harm and rape of a minor.
They appeared together for the second time in the dock of D court at Germiston Magistrate’s Court.
ALSO READ: Chevonne Rusch: Botha joins van Niekerk in abandoning bail
On September 13, the accused were informed that once investigations are complete an indictment would be prepared by the director of public prosecutions.
Reports that the prosecution still needs include DNA, pathology and toxicology results.
Although no objection was made regarding the postponement of the case, the defence gave notice of Section 342A in terms of the Criminal Procedure Act stating that it had been on the roll since May.
Section 342A allows criminal courts to conduct investigations into delays in criminal proceedings, it further provides for several factors that a court must consider in determining whether such delays are unreasonable.
The magistrate made note of the defence’s Section 342A request for an inquiry into the outstanding investigations.
Following the postponement, the accused will remain in police custody.
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