Sizzling pics inadmissible
2003-07-08 23:31
Thaba Tshwane - A photo of a female army major in a sizzling clinch with a junior officer in bed was not admitted as evidence in the military court in Thaba Tshwane on Tuesday.
Colonel Francis Botha, chairing official, found that the photo of Major Ria Vivier and corporal Neil Sanna was not admissible because the photographer could not be traced.
This was one of two photos of Sanna and Vivier that staff sergeant Elias Nkosi of military police found while investigating a complaint of family violence.
Sanna and Vivier are facing 13 charges including assault and inciting and improper behaviour.
The charges are related to the time Vivier, an information officer, and Sanna, a personnel clerk, were deployed as part of the South African contingent in the Democratic Republic of Congo. They denied guilt earlier.
Colonel Ashton Sibango, commanding officer of the contingent, said Lieutenant Colonel Charles Hallatt, his second-in-command, informed him about the relationship between Sanna and Vivier.
Hallatt suggested that Vivier be sent back to South Africa. "I felt she would be victimised because of the relationship. I told Hallatt we would only be able to act if they were guilty of misconduct," Sibango said.
He said Hallatt told him in January that two Tunisian soldiers apparently saw Sanna and Vivier having sex. "I asked him to order an investigation to gather evidence because the allegations were hearsay."
"After two days, he had no evidence to support the allegation," Sibango said. He testified that Sanna and Vivier admitted to him that they had an "intimate love affair".
The court heard that sergeant Eddie van Meyeren turned to drink because he felt guilty for having a relationship with Vivier.
Sibango said he spoke to Van Meyeren because he was using "too much alcohol".
"Van Meyeren explained that it was stress. He said he had a relationship with Vivier. He was very remorseful because he had been unfaithful to his wife," Sibango said.
Sibango was aware that Sanna and Van Meyeren were married, but he did not see their adulterous relationships with Vivier as "misconduct".