There were "reasonably high prospects" that a Russian couple who used their own children to generate child pornography would go to jail. With these words, Durban regional court Magistrate Mike Lasich refused the grim-faced couple bail, pending sentencing in May.
The couple, who cannot be named to protect the identity of their children, who are now in foster care, were arrested in August 2003 at their Bluff home.
They faced 26 charges: 11 of generating child pornography, 13 of indecently assaulting their eight-year-old son, three-year-old daughter and two-year-old son, and two charges under the Child Care Act.
The pornography and indecent assault charges related to 78 images downloaded from the couple's computer which depicted them performing sexual acts with their children.
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One of the charges related to 120 pornographic images At the trial, a one-minute video clip showed similar acts.
One of the charges related to 120 pornographic images which had been lifted from websites. These depicted what appeared to be youths and adults dressed like children performing sexual acts.
The trial, earlier this year, lasted only one week. The couple called only one witness and argument by defence advocate Jeff Hewitt SC centred mainly on technical issues.
The judgment, delivered by Lasich on Wednesday, was equally technical. While he acquitted the couple on many of the counts, this was because of technicalities and "duplication of charges". The verdict, in essence, was that the state had proved its case.
He found both husband and wife guilty of one count each of indecent assault and another count each of possession or creation of child pornography.
He found both husband and wife guilty Additionally, he found the man guilty of an additional count of possession of child pornography relating to the video, and three counts of committing indecent acts with children under the age of 16.
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