KNYSNA NEWS - The 24-year-old Vernon van Wyngaardt has been found guilty of all charges against him and has been sentenced to 24 years of imprisonment.
Van Wyngaardt stood accused of the brutal attack on an elderly couple in the early morning hours of August 27 last year.
When passing the court’s judgement on Tuesday, May 5, Judge Lee Bozalec said that Van Wyngaardt was an untruthful witness who kept changing his version of events to suit the evidence against him. He said that the accused’s evidence was false beyond reasonable doubt and must be rejected. He added that the accused’s alibi, his brother Mario, also gave unreliable testimony.
If state prosecutor Jan Theron had his way, Van Wyngaardt would have had to spend 40 years in jail. Theron argued that since Van Wyngaardt was not a first-time offender, he should have received a five-year sentence for the first charge of housebreaking with the intent to rob.
For the second charge, robbery with aggravating circumstances, he should have been sentenced to 20 years, he said.
For the third charge, the kidnapping of the 68-year-old female victim, a maximum sentence of ten years' imprisonment would have been sufficient. He said for the fourth charge, the rape of the female victim, 20 years would have sufficed, and for maliciously damaging the plaintiffs’ property, a one-year sentence would have been appropriate.
Theron stated that the plaintiffs were helpless. The 76-year-old man and his wife were not sure whether they were going to be killed when Van Wyngaardt entered their bedroom and threatened them with what looked like a butcher’s knife. Theron said that the only reason for the accused to rape the victim was to humiliate her even further. “One cannot even begin to imagine the terror the poor, elderly victim felt when the accused took her to a remote part of a forested area so that he could commit his hideous deed,” Theron said emphatically.
“Why did you do all these crimes? Why did you rape her?” Bozalec asked Van Wyngaardt, who stood in the witness stand. But the accused insisted that he was innocent – that he didn’t commit any of the crimes.
The accused, who grew up in Knysna but moved to Baviaanskloof at the age of 16 to work on his sister’s farm, was still on parole for an armed robbery that he committed in Knysna in 2010. That same year he was also found guilty of having sexual relations with two minors. And two years before that, in 2008, he was incarcerated on four charges of housebreaking.
André Kleynhans, the state-appointed lawyer for Van Wyngaardt, said that even though the crimes his client committed “have left the plaintiffs with terrible mental scars, the physical violence was at a minimum”. He said his client’s actions were not driven by violence. He said further that even if his client received a life sentence, he will be considered for parole after 25 years. “I feel that a 20-year sentence will be sufficient as nobody died,” he said. He added that the reason why his client was not displaying remorse was because he insisted that he was innocent.
Apart from criticising the prosecution for neglecting to arrange an identity parade, Bozalec commended the Knysna SAPS for their efficiency. “I am impressed with the way the police handled the case. He was arrested within hours. A full forensic team arrived that same day and a full photographic album was handed to the court.”
He made a special mention of the detective, Warrant-Officer Mark Rein, and Constable Elgan Hoff for their excellent work, as well as the court preparation officer, Lezelle Crotz for the emotional support she showed the plaintiffs.
Bozalec further praised the plaintiffs for their accurate testimonies as well as the residents of Concordia who worked together with the police to bring the accused to book. He also mentioned resident Miriam Mveni, saying that without her vigilance, the accused would have gotten away. (Mveni followed the accused and made numerous phone calls to the police informing them of his whereabouts while he was fleeing from the police.) “This case was a striking example of how the community and the police can work together,” Bozalec said.
Upon sentencing Van Wyngaardt on Wednesday May 6, Bozalec said that the accused should effectively receive a 40-year sentence, but considering that he was still relatively young and could be rehabilitated, he’ll only sentence him to 24 years. Both the plaintiffs as well as their son said that Van Wyngaardt’s sentence should have been longer. John Atherstone, a friend of the family, said that he was pleased that the accused had been sentenced and removed from society.
Click here for previous articles:
- Knysna Heights rapist sentenced to 24 years
- Knysna Heights attacker guilty
- Alleged Knysna Heights attacker blames brother
- Alleged Knysna Heights attacker pleads not guilty
- Robbery and rape accused delays trial
- Update: Armed robbery and rape case
- Armed robbery and rape case postponed
- Update: Knysna Heights attacker in court
- Elderly lady abducted and raped
ARTICLE: INGRID LEHMENSICH-BOTHA
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