“I don’t ever want to see him because I will never see my son again.” These were the words of Lezell van Wyk‚ the mother of the Reiger Park toddler Cuburné van Wyk‚ who was murdered by Nathaniel “Chicken” Mpoku.
She spoke on Friday outside the South Gauteng High Court sitting in the Palm Ridge Magistrate’s Court‚ which heard arguments for and against the mitigation of sentence.
Mpoku‚ 26‚ was convicted of murdering and kidnapping Cuburné‚ 3‚ in May. He was the last person seen with Cuburné on the day the child disappeared from Reiger Park‚ east of Johannesburg‚ in August last year.
Cuburné’s burnt body was found at a nearby mine dump three days later. He had been strangled.
Van Wyk said she was hoping Mpoku would get a life sentence because he took away her son’s life. “I want him to spend the rest of his life in jail‚” she said. During her argument in aggravation of sentence‚ prosecutor Annemarie Smith said the court could not expect Mpoku to be rehabilitated. “One must show remorse before they are rehabilitated.”
Smith said people expected the court to impose a life sentence in cases such as Mpoku’s.
“Surely the court must be seen to protect the interests of children‚” she argued. She described Mpoku as someone who had gradually moved from committing petty crimes‚ such as theft‚ to murder.
Smith added that there were no substantial and compelling circumstances to persuade the court to deviate from imposing a life sentence. Mpoku’s lawyer Lumka Qoqo‚ however‚ argued that Mpoku was ambitious as he had showed interest in continuing with his studies.
“This is someone who longs to have a future.”
She also said the court could not ignore Mpoku’s use of alcohol and drugs as a mitigating factor.
Earlier‚ Professor Gerard Labuschagne‚ the head of the South African Police Service’s investigative psychology unit‚ who compiled a pre-sentencing report for Mpoku‚ told the court there was little chance of rehabilitation because Mpoku continued to deny that he had murdered Cuburné.
“No form of rehabilitation can be effective if the accused does not admit to what he has done and take responsibility.” He said Mpoku had mentioned during the interview that he was an opportunistic thief and would steal items he came cross in people’s yards.
He also indicated that he was a regular dagga smoker and would mix it with tablets known as “Star” and “Taiwan”. Mpoku had killed the child while he was on parole for a housebreaking case for which he was sentenced to six years imprisonment.
“I am of the opinion that the accused poses‚ and will continue to pose‚ a serious on-going threat to children who are similar to his previous victim and is a high risk for continued theft/housebreaking crimes‚” Labuschagne said in his report.
Judge George Maluleke will sentence Mpoku next Friday.
- RDMNewswire (Courts and Law)
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