A clinical psychologist who did an initial assessment of a Russian couple convicted of using their children to generate child pornography had found that they might be paedophiles.
Francois de Marigny of a Westville hospital was barred from testifying at the trial of the couple on Monday after Durban regional court magistrate Mike Lasich ruled that his evidence was "privileged".
De Marigny had been subpoenaed by the state to testify in the sentencing of the couple who, apart from child pornography charges, have been convicted of indecent assault, contraventions of the Films and Publications Act and committing indecent acts with children younger than 16.
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Much of the evidence against them related to pictures of them performing sexual acts with two of their young children. All four children are now in foster care.
It emerged during Monday's hearing that De Marigny had been briefed by the defence to evaluate the couple and to give a psychological reason for their motives.
But after 12 consultations, the brief had been terminated.
Before De Marigny could elaborate, defence advocate Jeff Hewitt SC objected to the evidence, saying it was privileged. He accused the state of "ambush tactics".
Hewitt argued that De Marigny had not conducted all necessary tests in order to draw a conclusion that the couple were paedophiles.
Prosecutor Vaneshree Moodley argued that it was in the interests of justice for the court to hear De Marigny's testimony, which would rebut the evidence of the defence expert, psychologist Dr Louise Olivier, who claimed that the couple were not paedophiles.
She had testified that the children had not been directly sexually abused by their parents but had been exposed to "age inappropriate sexual knowledge".
After questioning by the magistrate, De Marigny said he had had limited opportunity for testing. "My mandate petered out after I gave feedback." The magistrate ruled that his evidence not be allowed.
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