The prosecution team who secured a life term imprisonment relying on circumstantial evidence against a Knysna man who was found guilty of killing his lover almost 14 years ago has been hailed for ensuring justice was served.
Chelry Smith was sentenced in the Knysna Regional Court on Monday for the 2012 murder of 33-year-old Hazel Georgina Shariefa Augustus.
He pleaded not guilty to murder, robbery with aggravating circumstances and assault with intent to cause grievous bodily harm.
National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila said Smith successfully applied for Section 174 of the Criminal Procedure Act on the assault with intent to cause grievous bodily harm.
Prosecutor Aspirito Riccardo White relied on circumstantial evidence, medical reports, and witnesses who the accused spoke to after the murder.
“White led six witnesses who testified that the accused and the deceased were in a romantic relationship for a month before her murder. The deceased and her family celebrated her mother’s 60th birthday on December 22, 2012, and the young people moved to different taverns after the formal celebrations at the community hall and family home in New Horizon in Plettenberg Bay.
“He was the last person seen with her in the early hours of December 23 at Job’s Tavern. She was found dead and her cellphone missing. The cellphone, which was switched off on the day of the murder and only switched on again in January 2013, was found under the mattress where the accused stayed,” Ntabazalila said.
In denying the murder charge, Smith told the court that he had been kissing the deceased under a tree, when he was attacked by a man named Ricardo, who broke his jaw.
Smith said he fled the scene and took Augustus’s cell phone with him.
“He said he ran away and went home to sleep without telling anyone about his attack. He returned to where he left the deceased, found her lying on her back and saw a knife handle lying in front of the deceased,” Ntabazalila said.
Smith said he panicked because he was the last person to be seen with the deceased.
The State argued that Smith’s version contained numerous contradictions, inconsistencies and improbabilities and was not reasonably possibly true and should be rejected in total.
In addition to murder, Smith received 15 years for robbery.
Western Cape Director of Public Prosecutions, advocate Nicolette Bell welcomed the conviction and dedication of the prosecution.
“The case faced many challenges and was on the verge of being declared an inquest, but their tenacity helped to ensure justice for this family, despite the delays.”
Women and child rights organisation Ilitha Labantu welcomed the sentence imposed on Smith, stating that the outcome will serve as a critical reminder that justice must prevail even in cases where the pursuit of accountability faces significant challenges such as the absence of DNA evidence.
The organisation’s spokesperson, Siyabulela Monakali said the life term was also a stark reminder of the gravity of gender-based violence on women in South Africa.
“We hope that this verdict provides some measure of closure,” said Monakali.
Cape Times