Wayne Wickham, whose 18-year-old son was killed in a car crash in Stellenbosch four years ago, had his wounds reopened last week when the Constitutional Court denied him leave to appeal against a judgment of the Western Cape High Court which prevented him from having a say in the criminal prosecution of Annika Slabbert, the driver of the car in which his son was killed. ‘The situation (Wickham) finds himself in commands our sympathy and respect,’ the Constitutional Court said in its ruling, according to a Sunday Times report.

‘We endorse the High Court’s observation that the magistrate of the trial court could have exercised some degree of judicial maturity, civility and empathy to allow Mr Wickham latitude to express his feelings at having lost his son.’ Slabbert, who was charged with two counts of culpable homicide, entered into a plea and sentencing agreement with the prosecution which the Stellenbosch Magistrate’s Court approved. She was sentenced to 18 months’ correctional supervision and a R10 000 fine.

Wickham challenged the decision, culminating in last week’s ruling. ‘The Constitutional Court ruling effectively allows the NPA and the courts to continue to disregard victims and deny them a say in criminal proceedings,’ said Wickham. The NPA said the Service Charter for Victims of Crime in SA did not guarantee rights to participate in proceedings. ‘Mr Wickham has succeeded in raising the voices of victims of crime. It is unfortunate that he did not achieve the result he wants,’ it said.

Full Sunday Times report (subscription needed)

Wickham v Magistrate Stellenbosch