Creche owners face criminal charges after toddler's fall from balcony

THE owners of a Chatsworth creche are facing charges of neglect under the Child Care Act, after a toddler allegedly fell from the balcony of their double-storey house and sustained a fractured skull, while in their care.

Two-year-old Aariya Sewnarain, of Montford, has been fighting for her life in hospital since last Thursday.

Her distraught parents, Atholl and Shivana Sewnarain, claimed since the incident they had obtained three different versions of events from the Arena Park creche owners.

Atholl Sewnarain said their woes began on March 6, when they received a call in the afternoon from the creche owner, who told them that Aariya had fallen and hurt herself while running.

“She said she was bleeding from her nose, mouth and head but that she was okay. When we got there, Aariya had been moved inside and the blood was cleaned from her face. 

“She had an ice-pack on her head. We took her to the doctor to make sure she was okay. He said she had a small hematoma, which could have resulted from a minor injury or trauma. He said if Aariya developed a fever or vomited, we should rush her to the hospital,” said Sewnarain.

“Before we could leave the surgery, Aariya vomited. We took her to RK Khan Hospital at around 6pm,” he added.

He said the doctors in the emergency room examined Aariya.

“A CT scan showed that she suffered a fractured skull, internal bleeding and clotting on her brain. She needed to be transferred to Inkosi Albert Luthuli Central Hospital. We waited for about 12 hours for an ambulance and eventually on Friday at around 2pm, a private ambulance service transported her.

“At this stage Aariya’s condition was critical. The bleeding on her brain had worsened. The doctors said they suspected swelling of her brain or that her brain had moved.

“She had emergency surgery at 8pm on Friday. The surgery lasted three hours and she regained consciousness on Saturday. Her face was the size of a soccer ball due to the swelling,” he added.

Sewnarain said later that day they went to the creche and quizzed the owners further about what had happened.

“At this point, their story changed again. They said Aariya fell on the stairs. Then they said Aariya had fallen in the yard, while a caregiver was separating a fight among other children. 

“We then demanded to view the CCTV footage but they said there was no camera facing the front of the house. The footage that we did see, showed Aariya playing in a room on the top floor of the creche, which led to the balcony. She was left unattended. 

"The creche owner admitted that the balcony door was open. But her husband said that Aariya could never have fallen from the balcony. We watched the footage until the time that Shivana was called about Aariya’s fall.

“At no point did Aariya come out from the room she was in. That told me that she had fallen from the balcony. The footage also showed another child alone in the same room that Aaryia was in,” he said.

Sewnarain said he then approached the neighbour next door to the creche to view his security camera footage.

“His cameras face the balcony of the creche. It clearly showed Aariya falling off the balcony,” he said. 

“As far as we are concerned, the creche owners lied to us despite all the evidence. Sadly, while our little girl is fighting for her life, we were met with hostility, lies and arrogance from the owners. This prompted our call for police investigation. We cannot allow other children to go to a creche that is unsafe. We would not want other children’s safety to be compromised,” he added.

Sewnarain said he then contacted the Chatsworth police to open charges of child neglect against the creche owners and called on authorities to shut the facility down.

“We have more than enough evidence to prove negligence. This is a tough time and I am trying to be strong for my daughter and my wife. But when I am alone, I break down and cry. I am so grateful to the neighbour for helping us with the camera footage and Captain Cheryl Pillay of the Chatsworth SAPS for all her assistance with the case,” added Sewnarain.

On Monday, angry parents gathered at the creche, demanding answers about the incident and the safety of their children.

Several parents removed their children from the creche’s care.

They said the creche owners had told them that their lawyer was dealing with the matter and had asked them to leave the premises.

Chatsworth SAPS were called in to mediate between the parents and the creche owners.

It emerged then that the creche had 65 children and five staff.

Parents demanded that more staff be employed and the balcony secured to prevent further accidents.

The creche owners declined to comment and referred the POST to their attorney, Shireen Soobrathie. Soobrathie said she had not been instructed in the matter and could not comment.

KZN Police spokesperson, Captain Ntathu Ndlovu, said that the Chatsworth Family Violence, Child Protection and Sexual Offences Unit was investigating a case in terms of Section 32 of the Child Care Act 38 of 2005.

THE POST