Gynaecologist, Dr Danie van der Walt who was found guilty of culpable homicide following the death of Pamela Daweti (23) in 2005, will know his fate in four months time.
Magistrate Merlene Greyvenstein postponed the case to July 27 for sentencing.
During the court sitting on Monday, March 3 evidence was lead by Dr Van der Walt’s legal representative, Advocate Mike Helens.
Advocate Helens played a surprise card and gave the court a discharge form signed by Pamela’s mother, Ms Buyiselwa Maditjana.
He also said he will prove that a settlement agreement of R750 000 was offered to Ms Maditjana.
The state, represented by public prosecutor Mr Francois Brandt, said they will argue and explain the nature of the settlement.
“This settlement was done without Ms Maditjana’s mandate. She received no payment,” Mr Brandt said.
The state handed a copy of a correctional services report to the bench wherein a positive finding of correctional service is found.
Advocate Helens put two of Dr Van der Walt’s colleagues, Dr Deon van der Merwe and Dr Padmash Kumar Sumanlal Daya, in the witness stand.
Both the doctors described Dr Van der Walt as an excellent gynaecologist and obstetrician and said his super speciality is Pelvis Floor surgery.
Dr Van der Merwe handed in statements from 14 doctors in Middelburg who all vouched for Dr Van der Walt’s expertise.
“Dr Van der Walt’s track record speaks for itself. He plays a huge role in his community and in the medical field,” Dr Van der Merwe said.
He highlighted the importance Dr Van der Walt plays in a field where only a few doctors venture into.
“It is difficult to find obstetricians of this caliber. You just can’t find doctors specializing in gynaecology and obstetrics. The challenges we face amongst others is the insurance that amounts to R85 000 a month, that we have to pay,” Dr Van der Merwe said.
Dr Christiaan Sevenster, who is appointed as the expert assessor to assist Magistrate Greyvenstein, asked Dr Van der Merwe if a patient bleeds would he go back to the hospital and assist the patient.
Ms Maditjana let out a soft cry when Dr Van der Merwe responded.
“Not necessarily. I will let the sister handle it. They have the prescribed medicine to stop the bleeding.”
Dr Sevenster rephrased his question and asked,
“If the sister phones and tells you the patient bleeds excessively, would you go back to the hospital and assist the patient?”
After a slight hesitation Dr Van der Merwe answered that he relies on the sisters,
“If my patient needs me, I will go.”
State prosecutor, Mr Francois Brandt asked Dr Van der Merwe if he would allow a gynaecologist guilty of malpractice to practise because there is a shortage of doctors in that specific field.
“I would use someone who is still capable,” he answered.
Dr Daya said he trusts Dr Van der Walt after working closely with him the past 15 years.
The state handed in two reports that Magistrate Greyvenstein and Dr Sevenster will study.
The first is a report by Dr Thabiseng Mabena, a clinical psychologist who described the psychological impact Pamela’s death had on Ms Maditjana.
The second report compiled by Dr Neville Vivenderan Moodley a healthcare practitioner, specialising as a General Practitioner highlights Ms Maditjana’s medical history.
Mr Brandt asked that a victim impact report be done by the Department of Social Work.
Advocate Helens, who spoke on behalf of Dr Van der Walt, said not much was happening in court today, but they have a strong argument to deliver in the next appearance.
Dr Danie van der Walt.
Magistrate Greyvenstein urged both the parties to hand in their written heads before April 26.
Pamela’s death became a tragic story of negligence when Magistrate Greyvenstein convicted him.
For Ms Maditjana the 10 year fight to find answers about her daughter, Pamela Daweti’s death will soon be a chapter she can close.
Ms Maditjana said during their last visit to the doctor on August 8, the doctor said the family could prepare for August 15 and he mentioned that the baby’s head was in the right position and suggested a caesarean, but the expectant mother wanted a natural birth.
Ms Maditjana further testified that Dr Van der Walt then changed the due date to August 11 and said he was going to induce Pamela. She said Pamela however insisted in giving birth naturally. Pamela was admitted at 18:00.
She told the court that she was shocked by the way the doctor delivered her granddaughter.
“At 22:40 Pamela was already nine centimetres dilated and we were told she would deliver naturally. The doctor came back at approximately 23:00 and said to Pamela ‘You want a natural baby; I will give you a natural baby’. He then put his hand in Pamela’s vagina and pushed it very rough in all directions…”
Ms Maditjana said Dr Van der Walt used suction cups and forceps to pull the baby out,
“He took the right hand forceps and started digging in a very rough manner.”
When Pamela started vomiting after the delivery, Ms Maditjana got concerned. She claimed the doctor did not listen to her pleas to help Pamela.
After the long night she went home to freshen up, only to be called at 06:00 to be told her daughter had died.
Lisakanya, Pamela’s daughter is 12 years old. For Ms Maditjana, she is a constant reminder of an oath she took,
“I told Van der Walt that I would spend all my money to find justice, even if it meant I had to live under a tree.”
Ms Maditjana confirmed she was offered R750 000 after her daughter’s death but she said she did not accept the money.
ALSO READ:
https://www.citizen.co.za/witbank-news/63744/mother-seeking-answers/
https://www.citizen.co.za/witbank-news/79173/gynae-guilty/
