After State Advocate Rolene Barnard cross-examined accused Amber Lee Hughes, Judge Richard Mkhabela postponed the rape and murder case in the Johannesburg High Court on May 22.

The case was postponement because the second and final defence witness was unwell.

“A doctor booked him off until May 27,” said defence Advocate Michelle Ives.

The court will now hear the case on May 28.

In her cross-examination, Barnard concluded that Hughes drowned and raped Nada-Jane (four) because she wanted to burn the heart of the father (Elie Challita) of the little girl.

It was established in court that there was a history of violence between Challita and Hughes. One standout incident was in August 2022, when, after arguing, she damaged things in the house and left blood where she was injured. Hughes never reported or opened a case of domestic violence. At one stage, Hughes told Challita she would kill him and his daughter.

Barnard questioned the WhatsApp messages exchanged between the pair and the times sent. She asked her why she stopped replying to Challita’s messages just after 17:00 on the day in question.

@southern.courierThe state claims Amber Lee Hughes killed four-year-old Nada-Jane to ‘burn the heart’ of the child’s father, as the court hears chilling WhatsApp messages and disturbing evidence.♬ The Court – Adrián Berenguer

These were the messages from Challita: “Did you hurt my child? Is the baby okay? Don’t do something stupid. Answer me. Are you okay? Say ‘yes’ or ‘no’. You gonna kill me? Are you two okay? You are making things worse. Are you two okay?”

In her response, Hughes said she was crying and dropped the phone on him and that he had asked her not to bombard him with messages. Barnard maintained that the only reason Challita asked those questions was because Hughes had previously mentioned she would burn his heart.

During evidence in chief, Hughes said that before the incident, she had tripped over a dog in the house, fallen and cut her right arm with a glass she held and bled. She said it was a deep cut, so she cleaned it in the sink under running water. The State provided enlarged photos showing that glass. Barnard said there was not much blood or blood smeared in the vicinity of the glass.

At 17:20, Hughes sent a message: “Why did you do this?” Challita responded: “Is the baby fine? You won’t tell me?” Hughes: “You laughed at me. You made jokes. Enough.” Barnard said those messages justified what she did.

Hughes maintained that the messages were sent before she found Nada-Jane facedown in the bath, but the State disputed this.

Hughes said that when she entered the bathroom, she saw Nada-Jane floating face down and saw her hair. She tried to pick her up from underneath her armpits and pull her. However, as she (Hughes) was in shock, she (Nada-Jane) felt heavier than usual, and her (Hughes) hand was sore. Barnard asked why there was no blood smear or drops on the bath. Hughes said she didn’t know how she was bleeding.

Hughes said she tried calling for help. She called 10111, and when they gave her options to dial for help, she called her father, who lives in Germiston.

When asked why she called her father, not the child’s father, she said she remembered when her mother died, her father called an ambulance, and it didn’t come, so she knew she would get the right help from her father.
Barnard also asked why she hadn’t told her father what had happened over the phone. She only said Nada-Jane needed help, so how would the father know what help to provide?

Hughes said her father knew her better, and she assumed he would know what help to get. She said she didn’t have anyone to contact other than her father and agreed that she could have done better, but was in shock.
Asking for clarity, Mkhabela asked Hughes why she didn’t call the father since she had once told him she would kill him and his child.

Hughes again said she wanted to get help from her father because he was the nearest person.

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