No more experts for baby murder trial/ Marissa Rudman and Nolan Schoeman

May 15 2012 at 09:01pm
By SAPA




No further expert evidence will be presented in the trial of a Pretoria woman and her lover who are accused of murdering their baby son.

The trial of Marissa Rudman and Nolan Schoeman was postponed last month to give Rudman the opportunity to find a paediatrician to testify on her behalf.

However, counsel for Rudman informed the court on Tuesday that they could not find an expert who was willing to testify for her.

Rudman and Schoeman have both denied assaulting their two-month-old baby boy Wade so severely that he died of his injuries at a Pretoria state hospital in 2010.

The baby had such severe brain swelling that his skull had started to come apart. He also had two broken arms, 22 broken ribs and large visible bruises on his head and body.

The State has alleged that Rudman removed the baby from another hospital, against medical advice, a few days earlier.

The baby was being treated for broncho-pneumonia, but Rudman insisted on discharging him herself, claiming she was not satisfied with the treatment he was receiving.

The two have also pleaded not guilty to a charge of abusing their baby and another boy over a period of time.

The child earlier testified that he saw Schoeman hit the baby on the head, but Schoeman said the child was not telling the truth and must have been influenced.

Rudman denied ever seeing or suspecting that Schoeman was abusing their baby, but she testified at length about how Schoeman had abused her.

The State applied to have the charge sheet amended on Tuesday after it appeared that the child abuse charges had been brought under the old Child Care Act instead of the new Children's Act.

Prosecutor Cornelia Harmzen argued that there would not be any prejudice to the accused and that the drafting of the indictment had been a honest oversight.

Counsel for the accused opposed the application, arguing that there was a huge difference between the old and new legislation.

Karin Alheit, for Rudman, said it would amount to a substitution of charges, as child abuse was now a much more serious crime and the sanctions were much higher under the new legislation.

The old act stipulated a jail term of five years, while the new one set a penalty of between 10 and 20 years' imprisonment.

Alheit said the scope of the act had also been broadened.

Judge Cynthia Pretorius said the defence could not blame the state alone for the oversight, as no one had noticed the discrepancy or complained about it.

Pretorius said the murder charge still stood, despite the discrepancy in the charge sheet.

She said she would rule on the matter when the trial resumed, but warned counsel to be ready with final legal argument.

The trial was postponed to May 28. - Sapa

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Pretoria - The couple convicted of murdering their two-month-old baby were sentenced to 10 and 13 years in prison respectively by the High Court in Pretoria on Tuesday.

Judge Cynthia Pretorius sentenced Nolan Schoeman to 13 years and his former girlfriend Marissa Rudman to 10 years' imprisonment for the April 2009 murder of their baby son Wade.

Rudman, 36, screamed and swore at Schoeman, 32, while being handcuffed after being sentenced, before bursting into tears.

“I hope you f***ing die. You f***ing c***. How could you not speak up? You took my baby from me,” she shouted.

Pretorius ordered that the two years Schoeman had already spent in jail should be taken into account when calculating his release date.

The judge found there were substantial and compelling circumstances to justify a lesser sentence, despite the horrendous manner in which the couple had tortured and killed their baby.

A pathologist testified during the trial that she had never seen a baby with such severe injuries. Baby Wade's brain injuries were so extensive that the swelling pushed his skull apart.

He had lung contusions caused by a hard blow to the body, unusual injuries to both feet, finger marks, bruises to his face and body, two broken forearms, and 22 broken ribs.

Pretorius said Schoeman and Rudman had been severely abused as children themselves and had also abused drugs.

She took into account the circumstances in which the couple had found themselves, being without employment, money, or transport.

The judge said the baby was severely abused for at least two weeks before he died. A medical doctor testified that any of the injuries would have been immediately visible. However both accused denied seeing any injuries and neither gave any explanation of how the baby was hurt.

Pretorius said she did not believe that either of the two was remorseful, although they now seemed to realise the enormity of their baby's death.

Rudman had lived with Schoeman, who she knew had killed her baby, for two years after their arrest, and only broke up with him when he was re-arrested.

It was doubtful if Rudman was a battered woman, as she had frequently chased Schoeman away, but always took him back, said Pretorius.

The Child Abuse Action Group's Lucy Redivo reacted with outrage at the sentence.

“Ten and 13 years is but a tap on the shoulder, because where is this child? He's gone, and gone in the most horrible way.

“He suffered tremendously for weeks. He had wounds that were healing that were more than two weeks old. We should demand stiffer sentences for people who kill babies. [Pretorius] was very lenient on them.” - Sapa
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There's a special place in hell reserved for people like this!!!