Simon’s Town Shell garage businessman sentenced to R1,200 fine for physically assaulting local bee researcher

Simon's Town businessman Neel Ramlall was convicted of common assault against local bee researcher Jenny Cullinan on 30 August, 2023. The assault took place in a remote area near Cape Point Nature Reserve on 31 July, 2021. (Photo: Joyrene Kramer)

By Tamsin Metelerkamp

31 Aug 2023

After over two years of court appearances, Simon’s Town businessman Neel Ramlall has been found guilty of common assault against local bee researcher Jenny Cullinan. The sentence — a R1,200 fine or four months in prison — has disappointed those who have been supporting Cullinan and a stronger stance against gender-based violence.

Simon’s Town businessman Neel Ramlall has been found guilty of common assault against local bee researcher Jenny Cullinan. The conviction comes after more than two years of court proceedings at Simon’s Town Magistrates’ Court, marred by frequent delays and postponements.

Ramlall is quoted in the False Bay Echo as saying, “I do not know how she got any of her injuries. All I know is that I tried to hold her at bay and poked her with it [the stick]... In hindsight, it would have been better if I had poked her eye out.”

Ramlall has been sentenced to a R1,200 fine or four months in prison — a punishment that has disappointed those who have been supporting Jenny through the long court case.

“I’m unhappy with the message it sends out there, when it comes to gender-based violence,” said Sandie McDonald, ActionSA chairperson in Cape Town’s subcouncil 19 region, which includes the Simon’s Town area.

“We don’t want to see anybody have to go through what Jenny has gone through — more than two years in the court system, and then a slap on the wrist, effectively. What does that say of our justice system? What does that say about the value of women in our communities?”

Simon's Town businessman Neel Ramlall was convicted of common assault against local bee researcher Jenny Cullinan on 30 August 2023. The assault took place in a remote area near Cape Point Nature Reserve on 31 July, 2021. (Photo: Joyrene Kramer)

Read more in Daily Maverick: Simon’s Town bee researcher testifies about assault after months of court delays

MacDonald is involved in the Justice for Jenny campaign, a group that has protested outside Simon’s Town Magistrates’ Court each time Cullinan appeared over the past few years. They have held signs with messages such as “Jail violent men”, “Justice for Jenny” and “No to GBV”.

A case of assault with intent to do grievous bodily harm was brought against Ramlall after he physically attacked Cullinan in a remote area near Cape Point Nature Reserve on 31 July 2021. Cullinan was in the area to conduct wild bee research when she encountered Ramlall, who later testified that he was in the area hiking with his wife and son.

When Cullinan gave her testimony against Ramlall on 15 September 2022, she said that Ramlall came towards her while she was walking to her research area. The two had a conversation in which he told her he often came to the area to collect plants with his wife. Cullinan informed him he was not allowed to take plants from a protected area.

Cullinan testified that when she started walking back towards the road, Ramlall came at her with a narrow plank he was holding, and beat her over the head. She initially collapsed, but then got up and ran while he was crushing her glasses underfoot.

A photo taken of bee researcher Jenny Cullinan after she was physically assaulted by Simon's Town businessman Neel Ramlall on 31 July, 2021. (Photo: Supplied)

Jenny Cullinan injury The head wound bee researcher Jenny Cullinan sustained when she was physically assaulted by Simon's Town businessman Neel Ramlall on 31 July, 2021. (Photo: Supplied)

On 26 January 2023, the doctor who treated Cullinan after the assault — Dr Steven van der Merwe, a general practitioner at Harbour Bay Medical Centre — testified as a state witness, telling the court that Cullinan had a 2cm laceration on her head, a bruise on the left side of her forehead and a laceration on the outer side of her right arm. The head wound required three stitches.

“My initial assessment with this [head] laceration … it’s likely that it was done or brought about by the sharp edge of an object,” he said. He added that it would have required significant force to cause the laceration, as the human scalp is quite thick.

Bruises onthe face of Jenny Cullinan A photo of the bruises on bee researcher Jenny Cullinan's face in the days after she was assaulted by Simon's Town businessman Neel Ramlall on 31 July, 2021. (Photo: Supplied)

Read more in Daily Maverick: Bee researcher’s head wound was probably caused by ‘sharp edge of an object’, doctor tells court

Ramlall, who co-owns the Fish Hoek and Simon’s Town Shell garages, gave his testimony on 19 July 2023. According to a report by the False Bay Echo, he said that Cullinan approached him on the day of the assault, asking to see his permit to be in the area and wanting to search him. He further claimed that Cullinan struck him on the cheek during the encounter, and that he used his “walking stick” to push her away, after which she tripped and fell.

Yogandrie Naidoo, Ramlall’s wife, testified in support of his account. She said that while she did not see the initial interaction, she headed back towards Ramlall upon hearing dogs barking and Cullinan’s voice, and saw Cullinan slap Ramlall.

The judgement

The case was presided over by Magistrate L van Rhoodie. When delivering the judgement on 30 August, he said only Cullinan and Ramlall were present during the assault, with no other witnesses near enough to be relied upon.

“It was only the two of them [Cullinan and Ramlall] that were there, that were present,” he said.

“[Cullinan] testified… how the accused assaulted her and beat her with a stick or similar object… she said the accused beat her repeatedly.”

Van Rhoodie then referenced Van der Merwe’s testimony and the injuries he described, before saying that Cullinan’s testimony was “also not in line with the evidence of the medical doctor”.

He did not provide further detail as to why this was the case. It was not immediately clear what his determination was when it came to potential “provocation” of Ramlall by Cullinan.

However, he later stated that “[Cullinan] sustained… injuries and I can’t make a finding on the evidence we received that those injuries were sustained as a result of… a fall. Those injuries were aligned with some sort of attack…

“I’ve decided to make a finding that the accused did not act in self-defence and the complainant was assaulted… I find him guilty of common assault.”

In laying out mitigating factors for Ramlall’s sentence, defence attorney Sonja van den Heever said that he had a wife and child, and was the “primary caregiver” for the family. She also claimed that he had no prior convictions, and that he was provoked by Cullinan.

State prosecutor Keenan Petersen referenced the “scourge” of gender-based violence in South Africa as an aggravating factor for Ramlall’s sentence.

“The accused in this matter has been convicted of a very serious offence… one that is unfortunately highly prevalent, not only in this honourable court's jurisdiction, but throughout this country,” he said. “The court should take cognisance that the complainant in this matter forms part of a vulnerable group… of single women faced with an uncertain situation…The complainant did not ask to be assaulted.

“What the court should take into consideration is also the views of the community… the community has been outraged by this [case]... The community of Simon’s Town… has had enough of not feeling safe.”

Petersen advocated for a sentence of direct imprisonment, and requested the state declare Ramlall unfit to possess a firearm.

Van den Heever confirmed that Ramlall owned a licensed firearm. However, Van Rhoodie chose not to rule him unfit to possess the weapon, and sentenced him to a fine of R1,200 or four months imprisonment.

Cullinan told Daily Maverick the outcome was “shocking” in light of the two years of trauma she had experienced. She plans to seek leave to appeal the judgement.

“This court system is traumatic… There’s no way I’m ever going to say to women ‘report your cases’, because with what I’ve gone through, it’s not worth it,” she said.

“If this country thinks that this is how you punish violent men, we’re never… going to get over the pandemic of violence against women… Women need to stand together, we have to do something.”

In the wake of Ramlall’s conviction, Kerry Cullinan — Jenny Cullinan’s sister — started a petition demanding Shell oil and gas company take action against Ramlall and terminate his contract.

MacDonald said, “We want to see our justice system improving, we want to see women have more value than what they are given in this entire system… We will continue to support [Jenny] in any way we can.” DM

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