Cape Town - A Lutzville farmer accused of mowing down a six-year-old boy with his bakkie has been sent to prison after his bail application was denied, despite allegedly having six months to live.
In the judgment handed down by the Vredendal Magistrate’s Court this week, Christoffel Stoman, 70, was informed that his application was unsuccessful, and the magistrate believed the State had a strong case against him.
Stoman is facing two counts of attempted murder and a charge of reckless and negligent driving, after Khwezi Jantjies was run over and both his legs broken.
It is alleged Stoman saw the child trying to steal fruit from his farm.
Billy Claasen of the Rural and Farmworkers Development Organisation said Jantjies was walking with his mother, Magrieta Jantjies, when the incident occurred.
His mother was not injured. The child subsequently underwent surgery to his legs and last week his mother joined Claasen at court where he read out a petition signed by more than 1500 residents, calling for bail to be denied. In the judgment, the magistrate indicated that as Stoman did not take the stand to testify on his personal circumstances, they had to rely on the evidence given by his wife, Magdalene Stoman.
According to the judgment, Magdalene was present during the incident and told the court that her husband has been suffering from prostate cancer for seven years and now only has six months to live.
In her testimony, she told the court she saw the boy with his hand through their fence and asked her husband to stop. She further claimed her husband was angry they were taking oranges, but said she had no idea how the child ended up under the vehicle.
But the magistrate said Magdalene was “economical with the truth”.
The magistrate then highlighted the evidence of the investigating officer, who explained that in Magrieta’s statement to police, she explained that Stoman hit her son with his bakkie and then drove over him.
She said after the incident he got out of his bakkie and said: “Ek gaan julle vrek stamp” (I will knock you dead).
The magistrate outlined that Stoman’s refusal to testify or submit an affidavit in his bail application, did him no favours.
“In conclusion I find that the applicant failed to show on balance of probabilities that the interests of justice permits his release on bail. Bail is therefore refused.”
Claasen said they welcomed the judgment.
“We welcome this judgment and this will strengthen our trust in rural courts. We want to applaud the prosecutor for a job well done.
“She was brilliant and stood her ground against a well seasoned Junior Swanepoel of the defence.
“The boy has been discharged from hospital and is recovering well,” Claasen said.