We were at the Pretoria North Regional Court yesterday, March 1, and were appalled by the way in which the Defence Attorneys argued for yet another delay in this case involving seven very young rape victims exploited by their immediate family and caregivers making child pornography!
We understood from the last court hearing on January 16 that the State had made it very clear that all of the accused must have found and confirmed their respective Defence Attorneys (some lawyers had withdrawn from this case) and that all the new Defence Attorneys were to have been instructed by the defendants and received disclosure of the evidence against their clients, ready for the trial to commence March 1.
In December last year, the trial was postponed after it became apparent that three of the accused could not afford their lawyers and had to apply for Legal Aid which they had not done by January 16 – delay tactics?
What we saw today is a prime example of how the rights of the accused are upheld but the rights of the child victims are completely disrespected and their well-being disregarded.
We share, Tonya Louwrens, the Investigating Officers sentiments that not once was the well-being of the children discussed in the court today and not one of the child victims family members enquired on how their children are doing. Tonya Louwrens, also told us that as a result of what we all saw happening in the court yesterday she will resign from SAPS as she feels psychologically traumatised by the explicit evidence of this case and to see how the child victims are ignored and let down by our judicial system.
In June it would have taken around 18 months, since the arrest of the accused, just to get to this point in the court process – it will take even longer to start the trial which will take a long time given the number of accused involved. Surely it is time for the NPA to step in and take more control over this very serious case. We continuously hear from the NPA that the well-being of child victims must be the priority of all involved in cases involving children. But we don’t see them ensuring that this is consistently upheld.
Today the Defence argued that the state was not managing this case properly and that they had only received some of the documentation this morning. They also demanded to view the video evidence the state has in its possession before agreeing to commence with the trial.
We at WMACA are confident that State Prosecutor, Tania Carstens is handling this case as best as she can in her capacity. She notified the Defence from the start of this case, that she would not be making all the documentation available to the Defence due to its highly sensitive nature. We also support her decision that the State cannot make or distribute copies of the video footage implicating the accused and identifying the child victims. It is against the laws of this country for anyone to view child pornography and surely members of the Defence are aware of this and to distribute material of this nature is risky and illegal. The State did agree to arrange a controlled viewing for the Defence and the accused, however most of the Defence Attorneys claimed that they did not have the time to travel to Braamfontein where the said material is being held by the State.
After much haggling the Defence Attorneys then agreed to appear in court on the 14 June 2012 in order to hand in their application for a viewing of the material only!
The bail was lengthened today and once again we at WMACA are shocked that the eight of the nine accused were granted bail at all by the High Court! – the Court that should be acting as a custodian in the best interests of these children. The Grandfather who is still in custody collapsed on his way to the awaiting police vans and was whisked off for medical treatment – once again is this a another delay tactic? Are the police assisting the accused in avoiding incaceration?
We have reports that the children are progressing well in their new foster homes, however we are very concerned about the secondary trauma they will endure after such a lengthy time lapse between when they first disclosed their abuse to finally when they will be required to testify.
The nine accused all members of a Pretoria family; face more than 100 charges of child rape and sexual abuse related to child pornography against their own and foster children. They are a grandfather, 58, grandmother, 57, their two sons from previous relationships, aged 34 and 36, the grandfather’s brother, 61, his wife, 42, and their son, who is reportedly mentally disabled. The 26-year-old wife of one of the sons was also arrested. The ninth person was a 31-year old woman believed to be the wife of accused number eight. She was arrested in January 2011 near Hammanskraal.