Cape Town - The Western Cape High Court has dismissed an application by a man who sought the review of a decision by the Clanwilliam Magistrate’s Court which implicated him in the death of his wife.
Sean Todd sought a review from the high court regarding an inquest that was held at the Clanwilliam Magistrate’s Court following the death of his wife, Theresa Todd.
The application states that in the early hours of January 14, 2016, while the couple were at a holiday resort in Cederberg, they took their mountain bikes and cycled on a trail.
They stopped to take photos and after Todd snapped his wife, he walked off and left her behind. Todd said that he suddenly heard a scream, and when he turned around he saw her falling forward into a cliff.
He went down the cliff and found her lying in the ravine. Todd said he rushed back to the resort, informed the receptionist, Corrine Fortuin, and pointed out to her on a map where the incident took place.
The rescue team arrived and confirmed the death of Theresa. Police also arrived to investigate the scene, and later the body was airlifted from the ravine.
In a statement made by EMS respondent Shaheed Osman, the injuries on the body did not seem consistent with someone who slipped. Medical scientist Grant Jennings said in his statement that he had never seen a body in such good condition after a cliff fall but that it was possible if the person did not have multiple strikes.
Inez Wales, investigating officer on the scene, said in her statement that she did not notice any footprints on the path that Todd said he walked after he took a picture of his wife. Wales also said Todd had scratches under his right eye and on his legs. Wales said Todd told her their marriage was sublime but she found evidence to the contrary on their cellphones.
At the time the Director of Public Prosecutions (DPP) decided not to proceed with criminal charges. However, it was recommended to the magistrate that an inquest be held in public. The magistrate was of the view that a formal inquest was not necessary.
Following the inquest the magistrate found that circumstantial evidence strongly indicated foul play and the only person who could have committed this foul play was Todd.
Todd called this decision into question and sought a court order for aspects of the magistrate’s findings to be set aside and be replaced with an order that it was not established that Todd or anybody else was responsible for the death of his wife.
According to Todd, the magistrate wrongly decided to base the decision on affidavits filed rather than hearing oral evidence.
In court documents, Judge James Lekhuleni said the decision of the magistrate to hold an informal inquest in this case despite the recommendations of the DPP was “wrong and mistaken”.
However, Lekhuleni also said that Todd was fully aware of the written submissions made by various parties as part of the inquest. He said that even though there was no oral evidence, there was no prejudice against Todd by the court.
Todd’s legal representative Jasper Tredoux also contested the findings by the magistrate which implicated Todd in the death of his wife.
Tredoux argued the fact that no criminal proceedings were brought by the prosecution against Todd showed there was not enough evidence to establish a case. It was his submission that the magistrate was wrong to find that there was a case against Todd.
Judge Lekhuleni said he could not fault the magistrate’s findings based on affidavits filed by the various parties. He said that the magistrate was correct in finding that there was a case against Todd.
He said that Todd could not explain what happened to his wife when she fell.
Judge Lekhuleni said: “Taking into account the facts of this case, I am of the view that there is no basis whatsoever warranting the setting aside of the decision of the first respondent (magistrate).”
Supported by Rosheni Allie, he ordered the application be dismissed.