A Benoni magistrate recently made a recommendation that the Directorate of Public Prosecutions (DPP) institute criminal charges against four Modderbee Correctional Services officials in connection with the death of Stanley Willemse (23), an awaiting trial prisoner who died at the prison in 2010.
Willemse, a diabetic who was insulin dependent, died on July 24, 2010, his death ruled natural causes as the result of pneumonia and multiple organ failure.
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However, magistrate Smita Naidoo delivered her inquest judgment and recommendation to the DPP in July, citing gross negligence on the part of prison officials as the cause of Willemse’s death.
She launched a scathing attack on the DCS on the manner in which inmates constitutional rights were being violated in respect of basic medical treatment.
Naidoo explained a series of events during the delivery of judgment whereby she indicated the correct medical procedures for inmates were not conducted in Willemse’s case.
“The deceased’s initial request to be administered his doses of Actrapid and Protophane was a reasonable right which the Department of Correctional Services had a duty to provide,” she said.
“There was a further duty that it is provided without delay.”
Naidoo mentioned the following flaws in the care of the deceased:
• Medication was not provided within a reasonable time and no follow-up was done to establish the failure thereof.
• Being an insulin dependent diabetic, the prisoner required constant monitoring of blood sugar levels, which was not done.
After he received his diabetic medication, he fell ill and was diagnosed with upper respiratory tract infection.
The court found that this diagnosis was made in the absence of proper examination of the deceased in that there were no medical records to substantiate the findings of that diagnosis.
Treatment was prescribed but given to the deceased three weeks later (a day before his death)
• The failure to keep proper records of consultations and prescription of medication is blatant.
Naidoo said she had no doubt if the deceased was given his medication correctly after his admission (March 25) as opposed to waiting until after June 4, his immune system may not have been compromised.
Her findings were that his death came as a result of negligence from the medical team at the prison and they did not provide reasonable, proper, basic and timeous medical attention.
She recommended a transcript of this judgment be submitted to the offices of the DPP for criminal prosecution to be instituted, as well as to the Nursing Council and Health Professions Council of SA, for further steps to be taken against certain medical individuals in the prison.
Naidoo cited the reopening of the inquest into the death of Ahmed Timol as an example of dealing with such enquiries as a promotion of public confidence and justice.
Willemse lived near Alberton with his mother but was arrested in Benoni and appeared in the Benoni Regional Court with his co-accused on charges of house break-in with intent to steal and theft in March 2010.
Naidoo explained the following as a background to the Willemse case:
• Bail was refused in the Benoni court. Willemse was also due to appear in the Germiston court and had an outstanding matter in the Randburg court.
• Prior to imprisonment, he was diagnosed with diabetes and as being insulin dependent.
• He was supposed to be treated with Actrapid and Protaphane.
• Magistrate Mitzi Schutte, who denied Willemse bail (in March), enquired about the medication and faxed a letter to Modderbee prison but received no acknowledgment of this.
Eventually, the centre coordinate operational support confirmed receiving the fax.
• On June 6, Schutte was informed by Willemse he was only receiving the Protaphane and not the Actrapid.
• Another fax was sent to the prison by Schutte and again acknowledged receipt of by the centre coordinate operational support.
• June 21 – Willemse confirmed he was receiving all his medication.
• July 22 – Willemse appeared in court again and looked pale, stating he had been vomiting blood for three days and hadn’t eaten. He also had no diabetic medication and was informed the medication was on order.
• Schutte released Willemse on a warning and asked his attorney to contact the Randburg court to request they release him too, during which time the deceased returned to prison.
• His next appearance was on July 29 and it was then that Schutte learnt he had died on July 24.
Willemse’s mother, Patricia Perestrelo, said while it has been eight years since the death of her son she still feels the pain today.
“He was a technician and a pleasant, soft-hearted child,” she said.
“Stanley was just another prisoner to them (the medical team). I recall him telling me that he was ‘as sick as a dog’ and I couldn’t do anything for my son.”
Perestrelo said an inmate contacted her to inform her about her son’s death before the officials did.
“I still have nightmares; I dream I am running through the prison trying to help him,” she said.
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