Magistrate Ezra Morrison is facing criticism for her handling of a 2011 rape case involving the teenage suspect accused of murdering 16-year-old Deveney Nel.
Story Summary:
- Magistrate Ezra Morrison faces scrutiny for removing a previous rape case involving Deveney Nel’s alleged murderer from the roll.
- The NPA commented that no direct link exists between the previous rape case and Nel’s murder.
- The suspect will return to court on 18 September 2024 as investigations continue.
Magistrate who presided over the suspect’s rape case under intense scrutiny
In the rape case, Morrison removed the charges from the roll despite warnings from psychiatric professionals about the boy’s violent tendencies.
According to psychiatric evaluations, the suspect showed signs of cognitive retardation and a lack of respect for societal norms, leading experts to recommend that he be referred to the children’s court for further assessment.
However, no such referral was made.
The incident in question occurred during his last year of primary school, but the case was dismissed in 2023 after he was found to lack criminal capacity due to his age.
After the dismissal of the case, the suspect was supposed to receive support through a Department of Social Development program designed for young offenders, but this recommendation was not followed through.
Now 17, the suspect has been charged with the brutal murder of Deveney Nel.
The National Prosecuting Authority (NPA) has indicated that while it was the magistrate’s responsibility to refer the case, the failure to take decisive action could have contributed to the tragic events leading to Nel’s murder.
The NPA’s spokesperson, Eric Ntabazalila, told Maroela Media:
“It is the magistrate who must refer the case further, and the prosecutor is not always involved in that decision.”
This oversight has prompted public outcry, with many questioning whether Morrison’s alleged failure to act on the psychiatric recommendations allowed the suspect to continue his dangerous trajectory unchecked.
Does this suggest Deveney Nel would be alive if action was taken?
The debate over whether Nel’s life could have been saved if proper action had been taken following the 2011 rape case is at the heart of the scrutiny against Morrison.
According to forensic criminologist Stacey Venter, the experts had flagged the boy as high-risk, which should have set off alarm bells.
“If experts had indeed found that the boy posed a danger to himself or others, the department, the NPA, and the accused’s family had a responsibility to intervene and take the necessary steps,” Venter explained.
Despite this, the NPA has publicly denied any link between the 2011 rape case and the recent murder of Nel.
“The NPA does not believe that the alleged rape case has any bearing on the murder of Deveney,” said Ntabazalila, reinforcing that the two incidents are being treated separately.
However, many still believe that if the suspect had been properly prosecuted and monitored after the rape accusation, Nel’s murder might have been prevented.
The young girl was last seen during a school sports day at Hoërskool Overberg, on Wednesday, 7 August 2024, and her body was later discovered in a storeroom on the school premises.
The suspect, who was known to Deveney, is accused of stabbing her multiple times.
Shockingly, it was revealed in court that the suspect had even assisted in the search for Deveney before his arrest.
When will Deveney Nel suspect return to court?
The suspect made his first court appearance at the Caledon Magistrate’s Court on 19 August 2024, where he was officially charged with Nel’s murder.
The court proceedings were brief, with the case postponed to 18 September 2024, allowing time for further investigation into the circumstances surrounding the murder.
For now, the 17-year-old suspect remains in a place of safety, and no bail has been granted.
