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According to an exclusive report in News24, a psychiatrist who treated the alleged 17-year-old killer of Overberg High School student Deveney Nel warned in 2020 already that he was “at high risk of offending and continuing to use physical violence”.

The warning came after he was first arrested for the rape of an 11-year-old four years ago – but instead of being treated or possibly institutionalised, the teenager slipped through the cracks.

A Valkenberg Psychiatric Hospital psychiatrist and a clinical psychologist who evaluated the teenager apparently claimed the teen’s “cognitive weakness and moral and social immaturity” meant he “did not have criminal capacity at the time”. However, he might “pose a threat to others” as he had “a disregard of societal rules and norms”.

According to the publication, they recommended that he be referred to a Children’s Court inquiry process because of this. This would have given the Western Cape Department of Social Development ninety days to investigate his situation and determine whether he should be treated in a secure facility or if he posed a risk to others.

This did not happen, and the NPA has thus far given no explanation as to why not.

The Western Cape Department of Social Development verified that neither the referral for a Children’s Court investigation nor the results of the criminal capacity investigation following the initial rape case against Deveney’s purported killer had ever been properly communicated to it.

“Thus far, we can confirm DSD’s [Department of Social Development’s] records show the department did not receive a referral from the National Prosecuting Authority to the Children’s Court for the alleged matter the media is referring to.”

Worse, Caledon’s Overberg High School acknowledged that they were unaware that Deveney’s purported killer had ever been connected to the 11-year-old’s rape at an Overberg campsite on New Year’s Eve 2020.

According to the reports, the then-14-year-old took the girl on a hike, and later “nonchalantly” returned to the campground without the child. The girl’s mother became worried and went looking for her, only to find the little girl unconscious, covered in blood, and with barbed wire wrapped around her neck by the campsite river.

The poor child would later describe how her ‘friend’ had physically and sexually assaulted her. At the time, the mother of the accused said “he was a problem child”.

For some reason, the NPA did not refer the case to the Children’s Court, which would have seen the “problem child” possibly being institutionalised.

Teddy Bear Clinic director Dr Shaheda Omar told News24 that she was “surprised” that the teenager had not been referred to a “secure care facility because he’s clearly been a risk to himself and a risk to other children”.

“That red flag [of the physical violence allegedly involved in the first attack], one cannot justify the overlooking of that … All the red flags were there … How can they then let it be and release him into the community?”

“There have been many gross oversights here, people just didn’t care”.

Women’s Legal Centre advocate Bronwyn Pithey told News24 that as much as Deveney’s alleged murderer may need psychological help, “society also needs to be protected from him.”

“Him being found to not have criminal capacity does not give him carte blanche to go into the world with no consequences.”

“It’s just a recipe for disaster if someone does not step in and actually put these programmes in place. And I have to say that the Department of Social Development in the Western Cape has really gone to great lengths to establish those diversion programmes to assist young offenders, with the hope of them not re-offending. So, potentially, this could have been avoided if processes were properly followed and the department was properly notified.”

It would seem that someone at the NPA dropped the ball, and the result is the tragic death of another young person.

[source:news24]