The sentencing proceedings against convicted child murderer and rapist Amber Lee Hughes have been postponed to December 1 and 2, when the Johannesburg High Court is expected to hear expert testimony relating to the defence’s application to reopen its case in mitigation.

Judge Richard Mkhabela confirmed the dates on Tuesday, October 13, after hearing further submissions from defence attorney Marius Bouwer and State advocate Rolene Barnard about the proposed psychological or psychiatric evidence.

When proceedings resumed after the lunch recess, the court discussed arrangements for the evaluations, the availability of experts and the time required to prepare reports before the next court appearance.

State opposes reopening of defence case

Barnard continued to oppose the defence’s application, arguing that expert evidence should be based on an adequate factual foundation.

She submitted that the circumstances surrounding the offences had been disputed during the trial and that the defence’s proposed expert evidence sought to address matters that should have been dealt with during the main proceedings.

The judge questioned whether the facts already placed on record, including Hughes’ account of the circumstances leading to the offences, could provide a sufficient basis for an expert to assess the issues raised by the defence.

Barnard maintained that the surrounding circumstances and the explanations for the accused’s actions remained important to the proposed assessments.

The court considered the relevance of the additional evidence to sentencing, as well as the need to balance the interests of the accused with the State’s interest in the finality of the proceedings.

Court considers arrangements for expert evaluations

Judge Mkhabela indicated that expert testimony could assist the court in considering the issues raised during mitigation. The court also discussed the availability of experts and alternative arrangements should the necessary assistance not be available through existing channels.

Mkhabela said the proceedings needed to be expedited and indicated that, if the necessary reports and joint minutes were available, the expert evidence might not require the full two days.

The court also discussed the timing of the clinical psychologist’s report and the need for the State to have access to it as soon as possible to allow sufficient time for its own arrangements.

Barnard told the court she had encountered difficulties in securing an expert through the existing channels and would explore alternatives, including engaging with the relevant hospital authorities.

Evaluation scheduled ahead of December hearing

Under the arrangements discussed in court, Hughes is scheduled to undergo an evaluation on October 21 and 23.

The assessment is expected to take place before the matter returns to court for the next stage of the proceedings.

The matter has been postponed to December 1 and 2, 2026, for the court to hear expert testimony relating to the defence’s application to reopen its case in mitigation.

Family expresses frustration over further delay

Following the proceedings, Nada-Jane’s grandmother, Donna Johnston, was in court alongside the child’s mother, Amy Johnston, and father, Elie Challita.

The family expressed frustration over the continued delays in the sentencing proceedings, saying they wanted the case to reach its conclusion.

“I hope that this court case will be finished and that we can actually finally close the wound and that we can finally get closure and justice for our baby girl,” Amy said.

Challita criticised the length of the proceedings and the emotional, mental and financial toll the case had taken on the family.

He said he felt the process had been unfair to the family, arguing that the continued legal proceedings were prolonging their suffering.

“The court knows that they are busy dragging us with an open wound since the first day of this process,” Challita said.

He also questioned why the case had taken so long, saying Hughes had admitted to the offences, and expressed concern that further legal processes could delay the conclusion of the sentencing proceedings.

Challita said he feared the case could continue into next year.

The matter is scheduled to return to the Johannesburg High Court on December 1 and 2, when expert testimony is expected to be heard.

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