Barbie: Porn album screened
2005-02-09 17:14
Pretoria - The High Court thwarted a bid on Wednesday by defence lawyers for advocates Cezanne Visser and Dirk Prinsloo to stop the viewing of a police video showing the couple's home-made pornographic photo album.
Lawyers for the sex-crimes accused asked for that part of the video, taken of the search and seizure at their home in December 2002, to be skipped.
They contended it would not be in the interests of "public morality" for the media and members of the public in the courtroom to see the footage.
They put forward arguments for the protection of the identities of the women - which included Prinsloo's ex-wife, former girlfriends and "other friends" - apart from Visser.
The State claims the album contains 12 pictures of minors engaged in sexual acts with Visser.
Without conceding they were minors, defence lawyers argued that the 12 pictures should be kept under wraps in case the court found that the girls were, indeed, under-age.
Emphasised freedom of the press
Judge Essop Patel ruled that while the women concerned did enjoy the right to dignity and privacy, they had done nothing to assert their rights - despite knowing the photos were in the public domain.
He underlined the importance of the principle of "open justice", and freedom of the press.
Patel ruled that video footage of the 12 pictures, allegedly depicting children, be excluded from public viewing.
The rest of the video was shown in open court - on condition that the women's identities not be revealed.
"In a democracy such as ours... the press has performed a vital role in exposing violations of the rights of children and women," said the judge.
The issue of the photographs arose as the court was in the process of viewing the last of eight videos of the police search-and-seizure operation at the couple's home, and their arrest in December 2002.
The defence was showing the videos as part of its cross-examination of a State witness in an attempt to prove police misconduct during the arrest.
Patel criticised Coetzee for "having the audacity" to object to part of an exhibit he, himself, had introduced.
Couldn't see details
In his comment on the defence's request, prosecutor André Fourie told the court: "They went on a fishing expedition and now that they have caught a shark they are complaining about it".
When the video was eventually shown after the lunch break, members of the media and public strained fruitlessly to make out the footage.
The shots were taken from so far away, and scanned over the album so quickly, that no detail was discernible.
The couple face a total of 16 charges related to alleged sexual violations of women and girls - including two counts of rape.
The trial continues on Thursday.
- SAPA