Man who killed son’s eight-year-old friend during sleepover loses appeal bid - IOL

Slain Daniel Jamneck was killed during a sleep over at his friends house.

The National Prosecuting Authority (NPA) welcomed the decision of the Western Cape High Court after it dismissed an appeal for a convicted child killer and rapist. 

The Cape Town man was sentenced in July to two life terms for the rape and murder of eight-year-old Daniel Jamneck. He was further sentenced to eight years' direct imprisonment for sexual assault. In addition, he received a sentence of 10 years' direct imprisonment for the rape of an adult female committed in 2005.

Daniel was raped and strangled to death on June 15, 2023, while attending a sleepover at a friend’s flat in Peerless Park North in Kraaifontein. 

The friend, who was sleeping in the same room on a bunk bed, slept soundly as his father entered the room and rape, bit, and strangled Daniel to death. 

The 49-year-old man cannot be identified to protect the identity of his son, who was a crucial witness during the proceedings.

Following his sentencing, he applied for leave to appeal against all four convictions. The State indicated it would vigorously oppose the application.

The Western Cape spokesperson for the National Prosecuting Authority (NPA), Eric Ntabazalila, said the convicted murderer applied for leave to appeal against all four convictions. The State indicated it would vigorously oppose the application.

In respect of the rape of the adult woman, he contended that the court erred in accepting her evidence as credible and reliable, that the medical evidence did not support her version, and that insufficient weight had been attached to the evidence of the doctor regarding an alleged penile abnormality. 

Regarding the rape and murder of Daniel Jamneck, he argued that the DNA evidence did not support the finding that he had raped, sexually assaulted, and strangled the child. He further submitted that the court failed to sufficiently consider the fact that he was not the only person present in the house at the time of the offences.

In opposing the application, State Advocate Jarrod Seethal argued that the evidence overwhelmingly supported the convictions.

In dismissing the application, the court found that the evidence of the adult rape victim was reliable and trustworthy. It held that the convicted child killer knew the complainant was so intoxicated that she could not have consented to sexual intercourse. While the medical examination revealed no vaginal injuries, the court emphasised that the absence of such injuries does not exclude a finding of rape.

The court also considered the evidence of the doctor who acknowledged a slight abnormality of his penis. However, the court found that the abnormality did not prevent him from engaging in sexual intercourse without the assistance of a partner.

“Regarding Daniel Jamneck, the court reaffirmed that the absence of DNA evidence did not negate the finding that the child had been raped, sexually assaulted, and strangled. The court found that the evidence established beyond a reasonable doubt that neither he's son nor his flatmate committed the offences,” Ntabazalila said. 

According to Ntabazalila, the court noted further that the convicted child killer had never said either his son or his flatmate was responsible. It was only towards the end of his defence, during cross-examination, that he suggested his flatmate may have committed the offences. The flatmate subsequently testified as a witness and was never cross-examined on that allegation.

The court further noted that the convicted killer himself testified that he had awakened his flatmate to assist with cardiopulmonary resuscitation (CPR) after realising that Daniel was not breathing. 

“In dismissing the application, the court found that the inconsistencies in his account, considered together with the common-cause facts and evidence conceded by him, established beyond a reasonable doubt that he was guilty on all four counts,” Ntabazalila said. 

The court ultimately found no rational basis to conclude that there were reasonable prospects of success on appeal. The application for leave to appeal against the convictions was dismissed.

“The NPA welcomes this decision, which reinforces public confidence in the criminal justice system and demonstrates the courts' commitment to holding perpetrators of serious sexual and violent offences accountable,” Ntabazalila said.