Barbie and boyfriend in tears
2003-07-17 16:05
Pretoria - Pretoria advocates Cezanne Visser and Dirk Prinsloo shed tears of relief as charges relating to the alleged sexual abuse of women and girls were withdrawn against them in the Pretoria Regional Court on Thursday.
But the couple's joy may be short-lived. Prosecutor Andre Fourie said the State intended pursuing the prosecution and would reopen the case in the Pretoria High Court.
It would also consider appealing against magistrate Bernard Swart's ruling.
Swart dismissed an application by the State for the matter to be postponed pending the finalisation of a high court date. This meant they were effectively free, and no longer out on bail.
While accusations against the pair were serious, Visser and Prinsloo had been unfairly prejudiced by continued delays, the magistrate said.
"The conceptual charges are serious, and the court regards them in a serious light," he said.
"But, in the same breath, the court can ask if the charges are so serious, why is the director of public prosecutions delaying so?"
Visser and Prinsloo were arrested on December 19, and Thursday's was their seventh court appearance.
The pair were released on R4nbsp;000 bail each in December. Visser has been nicknamed "Advocate Barbie" after the busty, blonde plastic doll.
14 crimes
In the morning, the prosecution submitted a provisional charge sheet listing 14 crimes the pair are alleged to have committed - including rape and indecent assault.
Swart said the couple had the right to a speedy and fair trial. This included access to the police docket, which they had not been granted despite repeated requests.
He rejected an argument by the State that the docket included child pornography, and that it did not wish to be guilty of spreading such material by giving it to the defence.
"The State is currently in possession of the pornography. Does that make the State guilty of a crime?" Swart asked.
After the magistrate refused the postponement, Fourie indicated he was left with no choice but to withdraw the case. This was ratified by Swart.
But Fourie later said he would summons the pair as soon as a high court date became available.
According to the provisional charge sheet, the State alleged the couple committed fraud by pretending to be married for the purpose of obtaining temporary supervision over minors from a children's home to abuse them over weekends.
15-year-old
They were to face two charges of soliciting a 15-year-old girl to commit indecent acts on two occasions.
There were five charges of indecent assault, one of which involved the same teenager, and two others involving an 11-year-old girl.
Two rape charges were also listed, one involving a girl and the other a woman.
Also on the provisional charge sheet were charges of assault, possession and manufacturing of child pornography, and possessing dagga.
Fourie said the charge sheet was complete except for the required list of witnesses. The list was excluded because of a history of witness tampering in the case, he added.
The defence objected to a postponement of the case, accusing the State of dragging its feet.
Prinsloo afterwards expressed relief at the ruling. It was a pity, he said, that some people had vendettas waged against them under the guise of children's rights.
"This has the effect that children who really need it are not protected," he said in a statement hurriedly written down for reporters.
"We are creating a support group for such adults and children."
- SAPA