Judge voices concern as sentencing in Nada Jane Challita murder case postponed again

Frustration is mounting in the sentencing phase of convicted child killer Amber Lee Hughes, as prosecutors blame her for ongoing delays.

Hughes was expected to take the stand at the Johannesburg High Court on Tuesday to present evidence in mitigation of sentence. However, the matter was again postponed.

The self-confessed killer was found guilty of the rape and murder of four-year-old Nada Jane Challita. The child was left in Hughes’ care in January 2023 and was drowned at a Glenvista apartment where Hughes lived with the girl’s father.

It has now been six months since Hughes was convicted, yet the sentencing proceedings remain unresolved.

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Following Monday’s proceedings, members of the child’s family told the media they are prepared for further delays, saying the sentencing process could even stretch to a year.

Prosecutor Rolene Barnard told the court the delays have been ongoing since judgment was delivered on 28 August.

“Based on the report, Mr Bouwers indicated that he also needs to compile a bundle of documents, which can only be done after consultation. However, this court handed down judgment on 28 August, and we have been experiencing the same issue regarding consultation with the accused since then,” Barnard said.

She added that consultations with Hughes only began on 14 January, months after the conviction.

“The state is not going to oppose this application for postponement. It is by agreement. However, I wish to place on record that these delays are caused by the accused and her preparation,” she said.

Judge Richard Mkhabela also questioned the absence of expert reports that had previously been indicated by the defence.

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“And now we have no expert reports that have been submitted to me. Can you place it on record how it has happened that there are no longer any expert reports or expert witnesses that are going to be called?” the judge asked.

Hughes’ lawyer, Marius Bouwer, conceded that certain instructions from his client had contributed to the extended proceedings.

“I confirm that in October we anticipated calling another expert witness, possibly a psychologist. However, my instructions were to proceed without calling a psychologist. The only remaining witness for the defence is the accused herself,” Bouwer said.

Judge Mkhabela sought clarity: “So the initial instruction to call an expert witness was withdrawn by the accused?”

“Indeed, sir,” Bouwer responded.

Despite expressing concern about further delays, Judge Mkhabela granted the postponement.

“Justice demands that this case be finalised. Accordingly, with a heavy heart, I agree to the request to stand the matter down until tomorrow morning at 9 o’clock,” he said.

The matter has been postponed to Wednesday.