The State contended in the Cape Town High Court on January 18 that Moyhdian Pangkaeker, 58, who was convicted of a series of horrific crimes against children in 2022, should be sentenced to at least nine life sentences.
Lenro Badenhorst, senior state attorney, characterized Pangkaeker as a monster who cannot be accepted in a civilized society.
On 26 October 2022, Pangkaeker was found guilty on 21 offenses, including eight counts of rape, sexual assault, and sexual exploitation of children, multiple instances of assault on children, kidnapping, incest, desecration of a corpse, and parole violation. The trial began in May 2021, and he maintained his innocence throughout.
The defendant is no stranger to the legal system. In 2001, he murdered his child, and the Bellville Regional Court sentenced him to 10 years in prison for culpable homicide, kidnapping, and child maltreatment, according to Eric Ntabazalila, a spokesperson for the National Prosecuting Authority (NPA) in the Western Cape.
In February 2020, when Pangkaeker was arrested for the kidnapping, murder, and desecration of the remains of eight-year-old Tazne van Wyk from Elsies River, Cape Town, the depth of his depravity became evident.
“It is argued that the defendant is a repeat offender who targets young females for sexual pleasure without discrimination; hence, his moral culpability is great.
“The offender should receive the harshest possible punishment for his despicable crimes. There are no reasonable possibilities for the defendant’s rehabilitation.
“He is a danger to society, thus a lengthy sentence would be fitting for his offenses. The likelihood of recidivism is extremely high. Badenhorst contended in aggravation of punishment that the defendant lacked remorse.
Badenhorst stated that there were no compelling and substantial reasons for the court to deviate from the stipulated minimum penalties for all of the offenses for which the defendant was found guilty. The State Advocate requested that all accusations be punished with direct imprisonment. If the court agrees, the defendant will serve at least nine life sentences.
The defense attorney, Saleem Halday, asserted that there was no denying that Pangkaeker was found guilty of exceedingly serious accusations, and argued that a life sentence for the defendant would be akin to a death sentence.
Halday stated that the Defense disagreed with the State’s contention that there are no compelling circumstances that could support a departure from the minimum sentence for a number of counts.
“The defendant is 58 years old.” If a life sentence is imposed on one or more of the above-mentioned offenses, the defendant will be around 83 years old before release is ever considered. This age of 83 is much below the national life expectancy,” Halday stated.
“The sentencing must serve the public interest, not reflect or appease public opinion. It is not in the public’s best interest to sentence a relatively elderly person to die in prison with no hope for the future.
Halday further stated that while South African law recognizes remorse as a mitigating component, it does not consider the lack of remorse as an aggravating factor.
On 14 February 2023, Pangkaeker will be punished by the Cape Town High Court.
»State seeks nine life sentences for Pangkaeker, a’monster’ who raped and murdered children«