MBOMBELA – Mr Francois Steynberg (37), who stood trial for seven years after he allegedly cut a seven-year-old girls’ throat with a pair of scissors, was found not guilty on all charges against him in the Nelspruit Regional Court on Friday. Magistrate Mr Kgamu Shai accepted Steynberg’s defence that he couldn’t be held liable for what he did during an alcohol and dagga-induced “blackout”.
The events of December 6, 2008, sent shock waves throughout the country. Steynberg was charged with the rape and attempted murder of the little girl and the assault of his sister-in-law after he had allegedly stabbed the latter in the chest and tried to rape the girl.
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When the girl screamed, he allegedly cut her throat. This happened while Steynberg and the girl were both guests at his brother and sister-in-law, Shane and Magdalena Steynberg’s home. During the trial, witnesses testified to the events which took place before the alleged attack.
At about 17:00, Francois and Shane went to a liquor store to buy whiskey. They each had a drink one or two on the stoep. Shane went to bed, but Francois continued drinking and smoked cannabis. At 22:00 Magdalena sent the children to bed.
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Around 23:30, Magdalena testified that she felt a breath on her neck. When she turned around, Francois was behind her. He stabbed her in the chest with a pair of scissors. She ran to call her husband, who managed to calm him. Francois took a cold shower and went to his room.
A distressed Magdalena went to check on the children and found that the seven-year-old was not in her sleeping bag. She saw Francois’ sleeping bag in front of his bedroom door and grew worried. Magdalena opened his bedroom door to find him naked in front of his bed. The girl was lying on his bed. Her throat had been cut and she was bleeding.
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The victim later testified in court that Francois used a pair of scissors to inflict this wound: “He warned me that he would cut me into little pieces if I made any noise,” she recalled. The girl was rushed to Rob Ferreira Hospital where the 12 to 14 centimetre gash on her neck was stitched up. Eyewitnesses reported that the cut was so deep that her trachea was visible.
Steynberg was arrested that evening and charged with rape, attempted murder and assault with the intent to inflict grievous bodily harm. He pleaded not guilty to all charges. During the lengthy trial, Steynberg said that four factors contributed to his inability to control his actions that night.
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He said that he was playing computer games of a violent nature, which influenced him. He also listed his recent retrenchment (he had been placed on paid leave by his employer two months prior to the incident), and a head injury that he had occurred at the age of 13. Lastly, Steynberg relied on the fact that he was under the influence of whiskey and cannabis during the alleged attacks, to support his defence.
Clinical psychologist Ms Susanna Myburgh was called to testify about Steynberg’s reaction to alcohol. She fed him 750 millilitres of whiskey during a simulation experiment in September last year and observed his reaction. Her conclusion was that he could not be held accountable for his actions while he was drunk.
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Senior state prosecutor Ms Isabet Erwee pointed out a number of flaws in Myburgh’s simulation experiment during cross examination, after which Myburgh admitted that her experiment could have been conducted in a better way. She also admitted to adjusting the results to reflect her hypothesis.
Erwee referred the court to an Appeal Court case that created a precident for defences like Steynberg’s. This rule states that all persons are able to distinguish between right and wrong. Where an accused claims that this ability was temporarily affected, as was the case with Steynberg, he has to provide the court with expert evidence laying proper basis for doubt to be created of this ability.\
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Based on the flaws in Myburgh’s report, Erwee argued that this basis was never laid. Advocate Pottie Potgieter, Steynberg’s legal representative, argued that Myburgh’s report was sufficient. Shai found in favour of the accused during a brief judgement on Friday. As the scot-free man walked out of the courtroom, he let out a relieved sigh when he reached his mother, Catharina, who was waiting for him outside. “I’m so glad it’s over,” he said and she nodded.
The girl’s (now 14) mother said they were faced with a difficult task: “Today, we have to explain to her what happened in court. I’m not sure how we’ll do this. It will be hard, but we hope that the case will be taken on appeal.” Erwee said the state intends to apply for leave to appeal Shai’s verdict.
Also see: Sielkundige getuig in die sogenaamde skêr-saak
