Bellville child pornographer claims stress made him do it

2017-08-10 19:15
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Cape Town - A Bellville father who filmed  his friends' and neighbours' children naked for his own sexual pleasure has lost his bid to stay out of jail. 

His lawyer advocate Anele du Toit's attempts to appeal his client's eight-year sentence on Thursday was rejected.

An engineer by profession, the man who cannot be named to protect the identity of his two young children, was not in court.

When he pleaded guilty to 2 130 counts of child pornography, and the sexual exploitation of children in August 2015, a counselling psychologist said in a report that his actions were fuelled by stress. 

He was sentenced to eight years in prison, wholly suspended by the Parow Regional Court.

The National Prosecuting Authority (NPA), however, appealed the sentence and the Western Cape High Court changed the sentence to 10 years, with only two years suspended.

And in a bizarre turn of events, instead of reporting for jail, the man launched an urgent appeal for bail, pending his own application to the Supreme Court of Appeal (SCA).

The bail application failed on Thursday because Judge Leslie Weinkove and Judge Andre Le Grange said he had pleaded guilty to the crimes, and in their opinion there were no prospects of his appeal succeeding.

''We are of the view that there is no likelihood of the appeal being granted,'' said Le Grange. ''And if so, it will not succeed.''

Application for leave to appeal

Du Toit immediately applied for leave to appeal to the SCA.

Prosecutor Evadne Kortje opposed this and the judges denied this application too.

His only option left is to petition the SCA for leave to appeal, but in the meantime the NPA expects him to start serving his sentence.

NPA spokesperson Eric Ntabazalila said afterwards: ''We hope he will report to prison and start his sentence.

''It's a good decision for us. It sends out a very clear and concrete message that those who are involved in abuse of children will be investigated, be arrested, and sent to prison.

''We hope he will not come up with another delaying tactic, and report to prison so that he can start with his sentence,'' said Ntabazalila.

The man was arrested in January 2011, after a neighbour, who was house-sitting for him, stumbled on the pornography on his computer which contained footage of the neighbour's own children.

On investigation, it was found that he had filmed the children of neighbours either bathing, or when they were sleeping.

Footage included him filming the children's private parts, moving a small boy's foreskin while he was sleeping, or pulling a little girl's underwear down.

He had also convinced his teenaged sister-in-law who lived with them, to pose naked.

He claimed this was for stress relief after a difficult day.

Read more on:    cape town  |  crime  |  court

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