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Court to decide accused child killer’s ‘criminal capacity’

Accused child killer Daniel Smit will return to court next month for the murder of Jerobejin van Wyk. Picture: Supplied

Accused child killer Daniel Smit will return to court next month for the murder of Jerobejin van Wyk. Picture: Supplied

Published Nov 21, 2023

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Accused child killer, Daniel Smit, will appear in court again next month where the Klawer Magistrates Court is expected to confirm whether he has criminal capacity.

Smit, after having completed a psychiatric evaluation at the Valkenberg Psychiatric Hospital, will appear again on December 14.

He appeared in the Klawer Magistrates Court on Tuesday where it was expected to hear in which court his trial would be heard.

National Prosecuting Authority spokesperson, Eric Ntabazalila said the postponement was for “the resident magistrate to make order regarding criminal capacity”.

Earlier this year, Smit - accused of killing Jerobejin van Wyk, 13, for allegedly stealing fruit from Smit’s home - underwent a 30-day psychiatric evaluation to assess whether the alleged cultist was able to follow court proceedings.

Slain Jerobejin van Wyk.

Details of the psychiatric report are unknown at this stage.

Ntabazalila said: “One of the reasons the matter was postponed today was for the defence team to consult their client on the report. After December 14, the matter is expected to be postponed for further investigation. Investigation will need to finalized and for it to be transferred to another forum (court) that (is) proper to deal with a case of this nature. Then the record and the report will be forwarded to that court.”

Smit is charged with the murder of Jerobejin, kidnapping, assault with intent to do grievous bodily harm and defeating the ends of justice.

Jerobejin’s remains were found in a septic tank on Smit’s property and were identified through DNA testing after the boy went missing on February 2 last year. His body was found after days of community searches, on February 16 that year.

Last year, through a confession to his lawyer, Smit admitted that he had killed the boy.

Cape Times