'Barbie' denied access to files

2004-12-06 12:58

Pretoria - Two Pretoria advocates, who will go on trial next year for allegedly indecently assaulting and soliciting children, will not get access to the personal files of two of their alleged victims.

Judge Eberhard Bertelsmann on Monday turned down an urgent application by advocate Dirk Prinsloo and his common-law wife, advocate Cezanne Visser (known as Advocate Barbie) to force the Bramley Children's Home to give them access to the girls' files.

The children's home, the children's parents and the director of public prosecutions opposed the application, saying the girls' rights, including their right to privacy, were at stake and it would not be in their best interest to allow the accused access to their private files.

The judge said it was clear from affidavits filed by the advocates that the evidence they sought - which was of a very private nature - was expressly not concerned with the offences they were being charged with.

They sought to investigate the character and personality of the two girls without showing why it was necessary for their defence at this stage.

Facing serious charges

He said the two were under no obligation to reveal their defence against the charges and could play their cards as "close to their chest" as they liked, but had to accept the consequences. They had not shown that they needed the information on the background, history and behavioural patterns of the complainants.

Without telling the court why such information was necessary, neither the applicants, the respondents nor the court could even attempt to determine whether delving into the personal history of the girls was justified, the judge said.

It was obvious the two advocates faced very serious charges and were entitled to a fair trial, which included the right to information in possession of the state and possibly state witnesses.

Rights of children protected

But, he said, not only accused persons had rights. The Constitution specifically protected the rights of children, which the elevated to be of paramount importance.

The application not only lacked a factual basis, but was also premature, the judge said.

The judge in their criminal trial would be in a better position to judge if the information was necessary and they were free to raise the issue again in that trial once the nature of their dispute with the state became evident.

The two will go on trial in the Pretoria High Court next year on numerous charges, including rape, indecent assault, soliciting minors to commit indecent acts, exploiting a minor by paying her to commit sexual acts, the possession and manufacture of child pornography, possession of dagga, and fraud.

- SAPA