Grieving parents' court feud

Families of two of the 10 children who perished in a horrific level-crossing accident in Cape Town in August 2010 were at each other's throats outside the Cape Town High Court shortly after the man who sent the pupils to their early graves was handed a hefty jail sentence yesterday.

An argument ensued over whether Jacob Humphreys - whose vehicle was hit by a train, killing 10 of the children on board after he veered between the lowered booms of the Buttskop level-crossing - should be forgiven for the tragedy.

Jody Phillips, 13; Reece Smith, 7; Jade Adams, 10; Michaelin de Koker, 11; Lisle Augis, 11; Nolan February, 13; Jeane-Pierre Willeman, 13; Jason Pedro, 14; Cody Erasmus, 15; and Nadine Marthinissen, 16, were killed in the accident.

Kyle Warner, Luciano de Koker, Emillio Marthinissen and Jamie Isaacs survived the crash.

"Stop this now," ordered a police officer as she stepped between Ingrid Augis and Josephine Heyns.

Augis lost her daughter, Lisle, and Heyns lost a granddaughter, Nadine, in the accident.

Augis was ushered away by concerned family members while Heyns watched, trembling with anger.

Heyns said many parents felt that Augis betrayed them by saying she had forgiven Humphreys.

"[Ingrid] came to my house every day in Eersterivier to complain and come and ask for food. We all helped because we're all in this together. Abigail, Nadine's mother, SMSed Ingrid to ask: 'How can you do this to us? Why are you turning against us?'," said Heyns.

In court last week, it emerged that Augis had told criminologist Claire Wolff, who testified in mitigation of sentence, that she believed that Humphreys was remorseful.

"I prayed for a fair sentence for Mr Humphreys and that is what happened today ... that is all I want to say," she said.

During the pandemonium on the steps of the court, many appeared to have forgotten that Humphreys had just started serving his lengthy sentence.

But a tearful Valerie Phillips, who lost her son, Jody, had not.

"It doesn't matter what sentence he received. Even if it was 100 years, it is not going to bring my son back. I'm just glad I don't have to come back to sit in court and listen to what happened to my son," said Phillips.

As she spoke, Johann Engelbrecht, Humphreys' lawyer, emerged from court to jeers from the crowd.

After Judge Robert Henney imposed a sentence of an effective 20 years in jail , Engelbrecht argued for leave to appeal.

"As far as the convictions are concerned ... my submission is that the court should have found there was negligence ... but most definitely not an intent to commit the crimes," said Engelbrecht.

But Henney refused leave to appeal and said the 56-year-old should have foreseen that his actions could have resulted in the death of the youngsters.

As Engelbrecht left the courtroom with his robe in his hand, the usually talkative advocate asked to be left alone.

"I'm not in the mood for an interview. We will petition the chief justice," said Engelbrecht.

Handing down the sentence, Henney said it was important to consider "moral blameworthiness" and whether Humphreys was remorseful.

Henney said that Humphreys did not contact the families of the deceased and he "persists with the version" that he could not remember what happened on that day.

"He does not take the court into his confidence by not taking responsibility for his actions," said Henney. "There is no clearer indication than this that he does not show remorse."