CCTV footage and community petition presented in George crèche abuse bail hearing

GEORGE NEWS - A petition signed by more than 300 community members and CCTV footage from a George crèche were placed before the George Magistrate’s Court earlier this morning during the bail application of a 40-year-old teacher accused of abusing a toddler.

The accused appeared in court on charges of child abuse and neglect, stemming from an alleged incident at Sonskynland Nursery and Crèche on Wednesday 21 January.

An eyewitness, who had arrived at the school to collect her own child shortly before the alleged incident, previously told George Herald that she saw the teacher slap the toddler on his thigh before picking him up by his arm and forcefully placing him back onto his mattress in what she described as a “throwing motion”.

She said she shouted at the teacher to stop and immediately reported the incident to the school.

During proceedings, the defence requested that the court view CCTV footage of the incident in question, which the State had in its possession. The request was granted, and following a short adjournment, the bail hearing resumed.

A petition opposing the accused’s release on bail was also handed to the court for consideration.

Paging through the document, the Magistrate addressed the fully packed gallery, which included family members, supporters, and representatives from the ANC Women’s League, Phakamani Makhosikazi and the EFF, stating that while such petitions assist the court in gauging community sentiment, a bail application is not meant to determine guilt or innocence.

“The purpose of bail is to allow an accused person, who is presumed innocent, to continue with their life while awaiting trial,” the Magistrate said.

The court heard that the accused is a first offender with no previous convictions or pending matters and is not considered a flight risk or a violent individual. She told the court that she reported herself to the police following the alleged incident and intends to plead not-guilty.

In an affidavit read into the record by her legal representative, the accused denied slapping the child, stating that she merely picked him up because he was allegedly disturbing another child during nap time. She maintained that she had no intention of abusing or assaulting the toddler. The court also heard that the J88 medical report did not indicate any permanent injuries.

The accused stated that she had intended to resign from the school in any event and that this was the reason she did not return after the day of the incident, although she allegedly did not submit a formal written resignation.

She has been employed at the school since 2020 and, according to her affidavit, had never previously been reported for misconduct.

The accused, who lives in Rosemoor, told the court that she grew up in George and had a difficult childhood which prevented her from completing school.

She later completed an Early Childhood Development course and obtained an NQF Level 5 qualification in 2019.

She further stated that she has three minor daughters and that her husband would struggle to cope without her support.

The Magistrate indicated that she wished to view the CCTV footage herself to better assess the seriousness of the allegations. She also said she intended to have a social worker visit the accused’s home to assess the well-being of her children.

She added that, should bail be granted, the accused would be prohibited from working with children until the case is finalised.

The State did not oppose bail.

The CCTV footage, petition and written affidavits were formally handed in as evidence. The Magistrate noted that her two primary concerns were the welfare of the accused’s own children and the possibility of community members taking the law into their own hands, given the level of public reaction reflected in the petition.

The matter relates to an incident on Wednesday, 21 January, at Sonskynland Nursery and Crèche, where a nearly 18-month-old boy was allegedly ill-treated during nap time after struggling to fall asleep.

The George Family Violence, Child Protection and Sexual Offences Unit (FCS) is investigating the case.

According to Southern Cape police spokesperson Warrant Officer Chris Spies, the teacher was arrested on Saturday, 24 January, and made her first appearance in the George Magistrate’s Court on Monday, 26 January.

Following the incident, the child was taken to hospital for a medical examination. His mother later confirmed that he did not sustain any serious or permanent injuries but said she was left shocked and traumatised by what had allegedly occurred.

She has since removed her son from the crèche and enrolled him at another childcare facility.

“You leave your child with people who are supposed to care for and protect them, and then this happens. I still can’t believe it,” she said.

Through its legal representatives, Van der Merwe Attorneys, Sonskynland Nursery and Crèche previously confirmed that the alleged incident is under investigation.

The school said it is cooperating with all relevant stakeholders and that the safety and well-being of the children in its care remains its priority.

Due to the sensitive nature of the matter and the ongoing investigation, the school said no further details could be shared publicly, but parents were encouraged to engage with the school directly should they have concerns.