Yolande Maritz-Fouchee, controversial midwife, in the High Court in Pretoria on Monday. (Photo: Isabel Venter / Maroela Media).
On Monday, the state argued in its closing argument in the trial of the controversial midwife Yolande Maritz-Fouchee that there is overwhelming evidence that proves her guilt beyond a reasonable doubt.
In the High Court in Pretoria where Maritz-Fouchee is on trial for her role in the deaths of two babies, among others, the state argued that she repeatedly contradicted herself.
Adv. Jennifer Cronjé, state prosecutor, argued that the state had proved its case beyond reasonable doubt and that it relied on medical evidence that refuted Maritz-Fouchee’s version as “medically impossible”.
“The only reasonable conclusion this court can make is that the contradictions directly point to the accused’s untrustworthiness (as a witness),” said Cronjé. She asked the court to weigh the testimony of the four mothers – the complainants in the case – as a whole, together with that of experts as well as Maritz-Fouchee’s daughter’s testimony.
According to Cronjé, all this evidence corroborates the version that the mothers were assaulted, deceived and put in danger.
She also argued that any consent the mothers initially gave to be assisted by Maritz-Fouchee was null and void the moment she began to act unlawfully and beyond her powers. Apart from the use of birthing rods on the mothers – which is prohibited – Cronjé also argued that Maritz-Fouchee uses other techniques that amount to a physical attack on the body.
Yolande Maritz-Fouchee smiled broadly on Monday when she came under fire from the media’s cameras during her appearance in the High Court in Pretoria. (Photo: Isabel Venter / Maroela Media).
“According to the law, the court must apply the test – which a reasonable person would do – but in this case it must be tested what a reasonably trained midwife would have done in practice. If you present yourself as an expert you must be measured by that standard,” said Cronjé.
Maritz-Fouchee is facing 14 charges which include fraud, assault of four mothers and their babies, culpable homicide and that she used an unqualified person, her daughter, to assist her during births.
At the time of the alleged offences, she was a qualified midwife registered with the South African Nursing Council (SARV). Later, Maritz-Fouchee was found guilty by the council on five charges of unprofessional conduct and consequently deregistered in 2021 and no longer allowed to practice as a midwife or nurse.
It was in 2024 that Maritz-Fouchee was criminally prosecuted with the help of AfriForum’s private prosecution unit.
The four mothers* gave birth during 2018 and 2019 at Maritz-Fouchee’s birthing center You & Me in the east of Pretoria. Two babies were left disabled, while one was stillborn and another baby boy died shortly after his birth.
Throughout her trial, Maritz-Fouchee maintained that she had not exceeded her powers as a midwife.
According to the state, Maritz-Fouchee deliberately used the drug Cytotec (also known as the so-called abortion pill) to “finish the labor process as quickly as possible”. “Her daughter testified that her mother told her to keep the use of this drug a secret because it was the birth center’s secret – how they stayed ahead of the competition,” Cronjé protested on Monday.
Yolande Maritz-Fouchee during a previous appearance. (Photo: Isabel Venter / Maroela Media).
She argued that the daughter’s testimony on this must be accepted as true precisely because it is corroborated by all the complainants as well as two experts.
Cronjé also further pointed out that Maritz-Fouchee “tried to sit on two chairs” by claiming as a defense that her sonar training was only basic and not at such a level that she could make clinical diagnoses.
“She is trying to evade responsibility, but the experts were both clear about this; the moment the accused started taking measurements on the sonars she was busy with a clinical sonar,” argued Cronjé.
“So the other reasonable inference that this court can make is that the accused neglected her legal duty when she did not pay attention to danger signs – such as the slow growth of a fetus. In any case, the experts also testified that a patient who previously gave birth by means of a caesarean section and now faces a normal birth automatically poses a high risk. She should have applied the necessary care,” said Cronjé.
Other substantial contradictions in Maritz-Fouchee’s testimony were that she herself, and also in her employment contract, offered an ambulance on standby. “One family pleaded to be taken to a hospital, but she refused them. It was in her contract, she was obliged to arrange the service, but she chose to continue with a high-risk procedure,” said Cronjé.
Maritz-Fouchee’s testimony was that such a conversation never took place and there was no emergency.
According to Cronjé, Maritz-Fouchee further undermined her credibility by denying that she had ever used birth control sticks.
“Her daughter then testified that she sometimes had to straighten the birthing rods on a trolley, the accused herself testified that she sometimes had to use the forceps to lift a baby to help with the birth process. Then two witnesses also testified before this court that they saw how she used the birthing rods.”
It is unlikely that staff as well as patients would lie about this, argued Cronjé.
According to Cronjé, Maritz-Fouchee, by the mere possession of delivery rods in her practice, was already acting beyond her powers. A midwife may not use delivery rods in the normal course of her practice.
“The state asks that the accused be found guilty on all 14 charges,” said Cronjé.
• The hearing continues later.
