LilMtnCbn
06-26-2004, 06:38 AM
http://www.iol.co.za/index.php?set_id=1&click_id=15&art_id=vn2004062610345
2169C739017
Abuse accusations in baby sale court case
Tania Broughton
June 26 2004 at 10:34AM
The biological mother of a baby who was allegedly sold for R10 000 was told
that police suspected her of child abuse.
A Durban North woman accused of stealing a baby and selling it "for adoption"
to a Scottburgh couple for R10 000, told the baby's biological mother that the
baby had a broken back and that the police wanted to arrest her for child
abuse.
According to evidence in the bail application of Hester Elizabeth van
Schalkwyk, 53, on Friday, this was how she convinced the "unsophisticated"
woman to give her the baby.
Durban regional court magistrate Anand Maharaj on Friday granted Van Schalkwyk
bail of R10 000, after the State had conceded that it had no real case to keep
her in custody.
Van Schalkwyk would regularly take the baby in the morning for bathing
However, she was ordered to hand all three of her passports to the
investigating officer and was restrained from entering any Home Affairs
premises and the NMR Avenue motorcross track, where she apparently works.
It was at this track that the biological parents of the five-week-old baby boy
lived with their three other children in a park home, ordinarily used as an
office.
Insp Nivi Lutchminarian, of the Child Protection Unit, testified on Friday that
the baby's biological father had known and worked with Van Schalkwyk. She had
paid for the mother and the children, who lived in Rustenburg, to come to
Durban by bus and had arranged the accommodation at the track.
He said Van Schalkwyk would regularly take the baby in the morning for bathing
and return it to the family at night.
On May 13 she told the mother she had taken the baby for a routine medical
check-up, and that the child had a broken back and urgently needed medical
attention.
Appeared that the biological parents were not being honest
When the mother suggested she take it to Addington Hospital, Van Schalkwyk had
told her the police suspected her of child abuse and she would be arrested if
she went to any hospital.
Instead, Van Schalkwyk offered to take the baby to hospital and said she would
pay for treatment.
The investigating officer said there was evidence that Van Schalkwyk had
offered the baby to two other couples before "selling it" to the Scottburgh
couple.
"She first told them that the baby had been born in a toilet and then that it
had been found abandoned at the motorcross track. They were suspicious because
the baby had a perfectly cut umbilical cord.
"They gave her R10 000, which she told them was to pay an attorney to legalise
the adoption. When they started pushing her for papers, she went to Home
Affairs and paid an official there R100 for a birth certificate reflecting the
baby's name as that of the adoptive couple."
Lutchminarian said the adoptive parents had eventually gone to the Scottburgh
Magistrate's Court and had put pressure on Van Schalkwyk to legalise the
adoption.
Van Schalkwyk, he said, had taken the biological mother to the court,
apparently to sign adoption papers. There, the mother had discovered there was
nothing wrong with her baby boy, and insisted on taking the child back.
Lutchminarian said he had received numerous telephone calls from members of the
public since Van Schalkwyk's arrest and was still busy with further
investigations.
At this stage, prosecutor Vaneshree Govender said, Van Schalkwyk was facing
charges of corruption, kidnapping, fraud and contravening the Child Care Act,
and bail had been opposed because she was considered a flight risk.
However, after cross examination by defence advocate Leanne Lane, the State
agreed to bail.
Lane said it appeared that the biological parents were not being honest with
the investigating officer and that their version of events "doesn't make any
sense at all".
She also denied that Van Schalkwyk was a flight risk and accused the
investigating officer of not properly researching her personal circumstances.
She said Van Schalkwyk lived in the home of her boyfriend in Avon Road, Durban
North, with her 10-year-old son and her husband, with whom she no longer had an
intimate relationship.
Her boyfriend spent most of his time in Swaziland, where he worked.
Van Schalkwyk will appear in court again on July 9.
-------------------------
A good friend will come and bail you out of jail . . . but, a true friend will
be sitting next to you saying, "Damn . . . that was fun!"
-----Unknown
2169C739017
Abuse accusations in baby sale court case
Tania Broughton
June 26 2004 at 10:34AM
The biological mother of a baby who was allegedly sold for R10 000 was told
that police suspected her of child abuse.
A Durban North woman accused of stealing a baby and selling it "for adoption"
to a Scottburgh couple for R10 000, told the baby's biological mother that the
baby had a broken back and that the police wanted to arrest her for child
abuse.
According to evidence in the bail application of Hester Elizabeth van
Schalkwyk, 53, on Friday, this was how she convinced the "unsophisticated"
woman to give her the baby.
Durban regional court magistrate Anand Maharaj on Friday granted Van Schalkwyk
bail of R10 000, after the State had conceded that it had no real case to keep
her in custody.
Van Schalkwyk would regularly take the baby in the morning for bathing
However, she was ordered to hand all three of her passports to the
investigating officer and was restrained from entering any Home Affairs
premises and the NMR Avenue motorcross track, where she apparently works.
It was at this track that the biological parents of the five-week-old baby boy
lived with their three other children in a park home, ordinarily used as an
office.
Insp Nivi Lutchminarian, of the Child Protection Unit, testified on Friday that
the baby's biological father had known and worked with Van Schalkwyk. She had
paid for the mother and the children, who lived in Rustenburg, to come to
Durban by bus and had arranged the accommodation at the track.
He said Van Schalkwyk would regularly take the baby in the morning for bathing
and return it to the family at night.
On May 13 she told the mother she had taken the baby for a routine medical
check-up, and that the child had a broken back and urgently needed medical
attention.
Appeared that the biological parents were not being honest
When the mother suggested she take it to Addington Hospital, Van Schalkwyk had
told her the police suspected her of child abuse and she would be arrested if
she went to any hospital.
Instead, Van Schalkwyk offered to take the baby to hospital and said she would
pay for treatment.
The investigating officer said there was evidence that Van Schalkwyk had
offered the baby to two other couples before "selling it" to the Scottburgh
couple.
"She first told them that the baby had been born in a toilet and then that it
had been found abandoned at the motorcross track. They were suspicious because
the baby had a perfectly cut umbilical cord.
"They gave her R10 000, which she told them was to pay an attorney to legalise
the adoption. When they started pushing her for papers, she went to Home
Affairs and paid an official there R100 for a birth certificate reflecting the
baby's name as that of the adoptive couple."
Lutchminarian said the adoptive parents had eventually gone to the Scottburgh
Magistrate's Court and had put pressure on Van Schalkwyk to legalise the
adoption.
Van Schalkwyk, he said, had taken the biological mother to the court,
apparently to sign adoption papers. There, the mother had discovered there was
nothing wrong with her baby boy, and insisted on taking the child back.
Lutchminarian said he had received numerous telephone calls from members of the
public since Van Schalkwyk's arrest and was still busy with further
investigations.
At this stage, prosecutor Vaneshree Govender said, Van Schalkwyk was facing
charges of corruption, kidnapping, fraud and contravening the Child Care Act,
and bail had been opposed because she was considered a flight risk.
However, after cross examination by defence advocate Leanne Lane, the State
agreed to bail.
Lane said it appeared that the biological parents were not being honest with
the investigating officer and that their version of events "doesn't make any
sense at all".
She also denied that Van Schalkwyk was a flight risk and accused the
investigating officer of not properly researching her personal circumstances.
She said Van Schalkwyk lived in the home of her boyfriend in Avon Road, Durban
North, with her 10-year-old son and her husband, with whom she no longer had an
intimate relationship.
Her boyfriend spent most of his time in Swaziland, where he worked.
Van Schalkwyk will appear in court again on July 9.
-------------------------
A good friend will come and bail you out of jail . . . but, a true friend will
be sitting next to you saying, "Damn . . . that was fun!"
-----Unknown
