As child rapist and murderer Arthur Wheeler readies himself to appeal against his conviction and sentence, the National Prosecuting Authority (NPA) is squaring up to oppose the application.
NPA spokesperson, Eric Ntabazalila, said they will “vigorously oppose” Wheeler’s appeal application after he was handed two life sentences for the rape and murder of his son’s eight-year-old friend during a sleepover.
The Western Cape Division of the High Court in Cape Town sentenced Wheeler to two life terms and an additional 18 years’ direct imprisonment.
He received life imprisonment for the rape of the minor, life imprisonment for the murder of the child, and a further eight years’ direct imprisonment for sexual assault.
Ntabazalila said State Advocate Jarrod Seethal and investigating officer Charles Goodwin worked tirelessly to secure a successful prosecution after they handled two separate and complex matters against Wheeler.
“Both cases presented significant challenges due to the trauma experienced by witnesses and the complexities associated with prosecuting matters largely based on circumstantial evidence. An extremely traumatised child witness was required to testify against the accused.
“This enabled the prosecution to utilise innovative methods to support the witness during testimony. An emotional support dog, Toffee Beanz, specially trained to assist vulnerable witnesses and reduce the stress associated with testifying, was deployed to great effect during the proceedings,” said Ntabazalila.
In the case of the adult rape matter, Wheeler was a mutual friend of the complainant.
“Before the incident, he had expressed a romantic interest in her, which she made clear was not reciprocated. On January 22, 2005, the complainant agreed to spend an evening out with Wheeler and their mutual friends on the understanding that he wished to move beyond his romantic interest and maintain a platonic friendship.
“Instead, Wheeler took advantage of the complainant while she was heavily intoxicated and separated from her friends. Despite the complainant’s initial refusal and objections, Wheeler insisted on taking her home because she was unwell. However, rather than taking her to her residence, he took her to his home.
“Once there, the complainant lost consciousness on his couch. She awoke the following morning partially undressed and experienced flashbacks of Wheeler being on top of her, although she could not fully recall the events of the night. When confronted, Wheeler admitted that they had engaged in sexual intercourse but claimed it had been consensual,” said Ntabazalila.
Under cross-examination, Wheeler acknowledged that the complainant had confronted him about the incident the following morning and further conceded that her inability to remember events was “indicative of her level of intoxication”.
Ntabazalila said this evidence assisted the State in proving that the complainant was incapable of consenting to sexual intercourse due to her extreme intoxication.
In the child rape and murder incident, during the weekend of June 15, 2023, Wheeler arranged with the deceased child’s mother for the child to sleep over at his residence, as the child and Wheeler’s son were close friends.
The deceased was expected to sleep on a bunk bed in Wheeler’s room. He was meant to share the bunk bed with Wheeler’s son, while Wheeler slept on a separate double bed.
Advocate Seethal led the evidence of several witnesses, who testified that the deceased was subsequently found in Wheeler’s bed. The paramedic who first attended the scene observed unusual markings on the child’s neck. DNA evidence was also recovered from Wheeler’s bed sheet, corroborating evidence that the deceased had been in Wheeler’s bed.
Post-mortem findings established that the cause of death was consistent with asphyxia resulting from strangulation.
During the trial, a child witness testified that he awoke during the night and observed Wheeler walking naked to the bathroom while the deceased was in Wheeler’s bed.
Wheeler denied all allegations against him and could not explain how the deceased died while in his bed.
The court found that Wheeler had acted with direct intent to kill the child.
In delivering the sentence, the court noted that although Wheeler was a first offender, he demonstrated no remorse for his actions, abused positions of trust in both matters, and failed to establish substantial and compelling circumstances that would justify a deviation from the prescribed minimum sentences.
