Seas remains in custody

The 32-year-old Zenobia Seas who is accused of having smothered her daughter to death, was denied bail during her formal bail application in the Swakopmund Magistrate's Court last week.

In her judgement on the application, Magistrate Surita Savage expressed her indignation, not only at the matter at hand, but in general at the rise in domestic violence cases.

“Every day we open the newspaper we read of horrific domestic violence crimes being committed and this one ranks as one of the worst in that the accused, being little Ava's mother, was supposed to protect her defenceless child, but from what was placed before this court, the accused did the extreme opposite and a little girl paid with her life,” said Savage.

According to the charge sheet, Seas stand accused of murdering Ava Antonette Amakhoes Owoses, 3, on 26 September last year in the vicinity of Henties Bay.

During the application the state prosecutor, Dalon Quickfall, said the state opposes the granting of bail to the accused on the grounds that it would not be in the interest of the public and the administration of justice.

According to Quickfall, the state has a strong case against Seas and added the state also fears that the accused will tamper with state witnesses, specifically family members.

Seas's legal representative, Mposikeng Dube, told the court that the accused intends to seek medical assistance from a psychologist or psychiatrist to determine her state of mind at the time of the incident. Seas is of the opinion that her constitutional right will be violated if she is not released on bail to seek medical assistance.

An educational psychologist, Estelle Bailey, who visited Seas once, testified that there is no reason to suggest that she should stay any longer in custody.

“She does not appear to be a threat to herself or anyone else. In order for the legal process to follow its course and for Seas to be fit to stand trial, it is recommended that she undergoes more evaluation in different physical circumstances and surroundings that may shed light on what drove her actions on that day”, said Bailey.

The former regional crime investigation coordinator for the Erongo region, Deputy Commissioner Otillie Kashuupulwa, testified that there was an outcry from the public as an innocent life was taken. She also said that the state would be able to cater to the accused's medical needs should this be requested in advance.

In her judgement, Savage said, “There is no doubt that the charge the accused is facing is serious and usually attracts severe punishment on conviction. However, sight must not be lost of the fact that the presumption in law is that an accused is innocent until proven guilty. A court will lean in favour of an accused unless there are strong indicators that it is likely to prejudice the ends of justice.”

According to Savage public interest deserves strong considerations.

“It is not easy to define, it may be created in the minds of the public that the police, courts, and state is unable and unwilling to protect them. This fear has become real, especially that the state is compelled to disclose case dockets including witness statement to the accused. The public will thus fear that they are not safe because they might become victims of the same accused,” she said.

Savage said that the court considered Bailey's evidence. She however found that the court is not convinced a single session was adequate to draw an educated conclusion as to the future state of mind of the accused. She said that Bailey's recommendation remains an opinion.

“The accused may consult with a doctor or psychologist of her own choice. Should the police authorities fail to render the required assistance to the accused, it is available to the detainee concerned to challenge the detention before a court of law. I am satisfied that the accused is not restrained from medical treatment while in custody,” said Savage.

Savage said the accused intends to return to her family home where she resides with her parents and child, should she be released on bail.

“This court cannot lose sight of the fact that the family of the accused are witnesses in this matter, and with this proposed arrangement it will be impossible to prevent contamination or interference with witnesses.”

“The public ultimately wants to see justice be done. This court affirms the position of the state that it is in the public interest when a child is killed in the manner that Ava lost her life. She is one of the many victims in our country. In my view there is sufficient reason to come to the conclusion that it would not be in the interest of justice to release the accused on bail,” said Savage.

Savage further ordered that the case be postponed until 7 June for the police to obtain outstanding medical and forensic evidence.

Jessica Botes