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Lawyer representing the families of the victims said they are hoping the NPA will appeal the verdict.
Picture: iStock
Paediatric surgeon Peter Beale has been acquitted of all charges related to the deaths of three children after a lengthy murder trial.
The Gauteng High Court in Johannesburg delivered its verdict on Tuesday, finding Beale not guilty of three counts of murder and fraud.
The National Prosecuting Authority (NPA) charged Beale in 2019 following the death of a 10-year-old boy, who reportedly suffered complications after a procedure performed by the surgeon.
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Two other children — a three-year-old boy who died in 2012 and a 21-month-old girl who passed away in 2016 — were also linked to Beale’s medical procedures.
Beale, who was out on bail, was barred from performing surgeries by the Health Professionals Council of South Africa (HPCSA) in 2022.
He was initially arrested in October 2019 alongside anaesthetist Dr Abdulhay Munshi, who was shot and killed in 2020.
Attorney Sinenhlanhla Mnguni, representing the victims’ families, expressed disappointment with Judge Thifhelimbilu Mudau’s ruling, calling it “inconceivable” that Beale was not found guilty.
“Naturally they’re very disappointed,” he told eNCA on Tuesday.
“However, we have to respect the decision of the court,” the lawyer added.
Mnguni said the families were hoping the NPA would appeal the verdict, arguing that “there are a lot of inconsistencies with the judgment” and that another court might reach a different conclusion.
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Mudau reportedly criticised the state for failing to present sufficient evidence, particularly for not calling certain witnesses to testify.
However, the attorney maintained that the witnesses were “simply not available”.
“I think one had immigrated to China and could not be traced.”
Mnguni also questioned Beale’s testimony.
“We still have full confidence in the National Prosecuting Authority to bring forward the best possible case.
“I don’t think any blame could be attributed to them in as far as how they prepared for and presented this case. I just think that perhaps a different court will arrive at a different conclusion.
“I think that there was quite a lot that was put forward by the state which was not, you know, counted or refuted by Professor Beale, and I think the state’s witnesses by and large were pretty credible in my honest opinion,” he continued.
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Regarding the judge’s suggestion to refer Beale’s case back to the HPCSA, Mnguni said the families had hoped the courts would handle the matter independently and objectively, as “medical professionals are reluctant to hold other medical professionals to account”.
“We don’t take it as a complete disappointment. I mean just the mere fact that this matter was brought before our courts, I think the families are happy that it brought attention to this particular issue and it also ensures that the medical profession is held accountable and realise that they cannot just perform surgeries without impunity,” the attorney concluded.
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