Accusations of a prior incident involving Deveney Nel’s alleged killer have resurfaced.
The 17-year-old is alleged to have stabbed and dumped his 16-year-old victim in a school storeroom after a sports day on 14 August.
A report this week suggests his behaviour could have been stopped much earlier.
The Overberg boy is awaiting his next court date on 18 September.
Nel’s alleged killer has been revealed to have almost fallen foul of the law when he was accused of sexually assaulting an 11-year-old girl four years ago.
The then-14-year-old was accused of violently assaulting and orally sexually assaulting the young girl on a New Year’s Eve camping trip in 2020, reports News24.
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It was stated that the boy denied the incident and, upon evaluation by a state psychiatrist and clinical psychologist, was found to lack sufficient “criminal capacity”.
Adéle van Schalkwyk, head of Criminal Law at Burger Huyser Attorneys, previously told The Citizen that minors could still receive life sentences should criminal capacity be proven.
The Teddy Bear Clinic was informed of the earlier claims about the Overberg boy but its Director of Clinical Services Dr Shaheda Omar told The Citizen that they were not aware of the incident when initially reported.
When presented with the allegations, she said that it appeared due diligence was not followed through.
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While focusing on the trauma of the victims and their families, Dr Omar said that the system had failed both them and the young perpetrator.
“It is a huge concern that he was not placed in any rehabilitation or diversion programme to give the young boy a second chance at life,” Dr Omar said.
She called for a thorough investigation into what happened four years ago but said nothing could mend the heartache felt by the victims and their families.
“A life of a young girl is one life too many,” said Dr Omar.
Due to his age, the accused’s identity is still being withheld but calls have been made for him to be prosecuted as an adult.
The National Prosecuting Authority (NPA) previously confirmed to The Citizen that the Child Justice Act was still in force until the court deemed otherwise.
Western Cape NPA spokesperson Eric Ntabazalila cited a judgement handed down in 2003 to a minor convicted on a rape charge.
“When a person commits an offence while under the age of 18, their conduct falls to be judged in the context of these considerations,” read the judgement.
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