Private Prosecution Unit helps secure conviction and closure for elderly assault victim

After nearly three years, an elderly woman who was assaulted has finally found closure with AfriForum’s Private Prosecution Unit representing and supporting her and her husband through a lengthy and traumatic criminal justice process. The Booysens Magistrates Court in Johannesburg yesterday ordered Dylan Ferreira (31), the man convicted of assaulting then 79-year-old Lucille Oosthuysen, to pay R10 000 in compensation to his victim and imposed a fine of R10 000 or 12 months’ imprisonment, wholly suspended for five years. Ferreira was convicted in May 2024 of assault with intent to cause grievous bodily harm.

The Unit represented Oosthuysen and her husband, Will, throughout the trial and provided the National Prosecuting Authority (NPA) with the audio-visual equipment needed to present crucial surveillance footage in court. The video, which captured Ferreira’s attack on Oosthuysen, formed a key part of the state’s case and proved instrumental in securing his conviction. The unit attended every court appearance to ensure that justice was served.

Magistrate Nicola Olivier described the assault that took place on 5 August 2023 in Mayfield, South of Johannesburg, as a brutal one. There was a dispute over a set of spare keys for a property Ferreira and his partner were renting from the Oosthuysen couple. The argument led to Ferreira violently shoving Oosthuysen to the floor. In court, he pleaded that he acted in self-defence. Oosthuysen sustained a gash to the back of her head, a cracked left wrist and severe bruising to her hip.

During sentencing, the Magistrate said the elderly should be protected from attacks and people like Ferreira. “You cannot in any lifetime absolve yourself from this guilt. You need to understand the trauma, the pain and the suffering that you caused to the complainant and her family. The misfortune of your actions is that you are now a convicted criminal and that you’ve earned yourself a criminal record, a curriculum vitae in being a criminal,” Olivier said.

The Magistrate also referred to the government’s efforts to combat gender-based violence, including the annual 16 Days of Activism for No Violence Against Women and Children. She stressed that the courts have a role to play in protecting the most vulnerable in society from such harm.

In aggravation of sentence, the state submitted a Facebook Live video that Ferreira posted to his account in 2021, where he recounted an unrelated incident where he allegedly assaulted an elderly man. “That uncle was telling me sh*t, and I just f***ed him up with a glass. It was kinda fun”. The court heard that since his conviction, Ferreira has lost his job and now lives with his mother.

When considering the evidence, Olivier said “the presence of social media boasting combined with an elderly victim triggers severe aggravating multipliers that judges use to maximise prison time. Our courts have in general condemned crimes of violence committed against older persons”.

Barry Bateman, Spokesperson for the Unit, says gender-based violence cases are among the most serious matters handled by the Private Prosecution Unit. “Although the Private Prosecution Unit believed a custodial sentence would have been appropriate, given the victim’s age, frailty and the nature of the injuries she sustained, the accused’s conviction and the role played by the Unit provide some peace of mind that there were consequences for a man who assaulted an elderly woman.”

The Unit expressed its appreciation for Prosecutor Lungile Mazibane, who was transferred to another court during the trial, but made herself available to ensure the matter was finalised.