Erith: Parents Jailed After Baby's Death
28 February 2014, 17:09
The parents of a five-month-old boy who died from rickets after they neglected his care because of their religious beliefs were jailed today.
Nkosiyapha Kunene, 36, and his wife Virginia, 32, who admitted the manslaughter of their son Ndingeko, received three years and two years, three months' imprisonment respectively.
Mr Justice Singh at the Old Bailey said: "The secular courts of this country apply the secular law of the land. They do so equally to all who come before them. The law respects the right of everyone to freedom of thought and belief.
"However the right to manifest one's religion is not absolute. It is limited in particular by the rights of others. The state has a particularly important duty to protect the right to life, especially when a young child is concerned.''
The couple, of Carlton Road, Erith, Kent, admitted the charge at earlier hearings.
The judge said Ndingeko was born on January 1 2012 and died in June 14 that year.
He was found to have been suffering from rickets resulting from severe Vitamin D deficiency.
The court heard the child was born at Darent Valley Hospital, Dartford.
From birth, he had medical problems, and the judge said it was emphasised on behalf of the couple that the vitamin D deficiency was not diagnosed at that stage, nor was Virginia Kunene given advice about taking supplements.
The mother did not attend a scheduled check up on March 8 and Ndingeko was not seen by a health care professional from then on to the day he died.
From April it was appreciated by the couple that their son was unwell, although his health fluctuated over the next two months.
"It is clear that, because of their own religious beliefs, the defendants did not in fact seek medical assistance.''