Melvin Volkwyn’s “obsession” with one-year-old Orderick Lucas ultimately led to the death of the little boy in 2019, the Western Cape High Court found yesterday.
Tears flowed as a visibly shocked Volkwyn was found guilty of the murder of the Eerste River tot.
After a lengthy trial and months of delays, Hon Ms Acting Justice N B Nyati did not mince her words when she accused Volkwyn of having “an unhealthy obsession” with the toddler and bullying him and his mom Davedine.
Orderick was last seen on 24 March 2019 but it was only four days later when Davedine, a self-confessed drug addict, discovered he was missing.
On 2 April 2019, his tiny body was discovered in a drain a street away from his ouma’s home and Volkwyn was charged with his murder.
This follows claims by Davedine that he was the last person to care for the boy.
Volkwyn has denied this throughout the trial claiming he handed the child back to her.
In her lengthy judgement, Ndita noted that while there was no direct evidence and the cause of death was never established, the state had relied on circumstantial evidence.
While the defence team cast doubt on the credibility of Davedine’s testimony, the judge said the timeline of events on 25 March was central to her findings.
She highlighted the testimonies by Alexander Kammies, who saw Orderick with Melvin shortly after midnight, and Jurina Nel who visited him six hours later.
Ndita said Melvin’s version that he gave the child back to Davedine at 7am that morning was improbable as Nel, who was there shortly after 6am, would have seen the child.
She slammed Melvin for not taking Orderick to his father the previous night, saying he was irresponsible for taking the boy to a pella pos.
“The accused’s conduct towards Davedine and Orderick left doubt in the court’s mind,” she said.
“Evidence before the court shows he bullied them. In my view, the accused had an unhealthy obsession with the deceased,” Ndita said.
Melvin appeared shocked at the judge’s remarks and shook his head as he wept in the dock.
“All fingers point to the accused. His actions were intentional.
“He went to buy drugs and went on to murder Baby Orderick,” she continued.
Ndita also highlighted issues with the Department of Social Development as it was revealed that Orderick was removed from his parent’s care and placed with ouma Cornelia Scheepers.
However, the family had violated the court order as Scheepers wanted to party on the weekend that Orderick went missing and gave the boy to his mother.
She also said it was clear that Scheepers was not emotionally, physically and financially equipped to look after Davedine’s children.
Ndita pointed out that throughout the trial Davedine, a mother of five, was described as a drug addict, prostitute and thief.
A nurse from Eerste River Day Hospital testified that while attending to a sick Orderick, Davedine allegedly stole her wallet.
Davedine also admitted to social workers that she used her children’s SASSA grants to buy drugs.
The judge said it was “heart-warming” to hear that the rest of Davedine’s children had been removed from her care.
Turning to a crying Melvin, she said: “In light of the evidence, the court finds you guilty of murder.
Outside court, Davedine wept as she told the media that she feared the court would believe that she was responsible for her child’s death.
“I thought I would be blamed for my son’s death because I lied to the social workers,” she says.
“But I felt confident that Melvin was guilty because he had my child last, I never got my son back from him.
“I’m not over my son’s death. I visit his grave twice a week.”
RELIEF: Orderick’s mom Davedene outside court.