Bid to get copies of child porn refused

INDEPENDENT NEWSPAPERS

While lawyers confer, some of the accused in the Pretoria North child porn case wait in court for the case to begin. Photo: Etienne Creux

A request by the lawyers of nine family members, accused of running a child pornographic syndicate, to get copies of video footage and photos in possession of the State was turned down by a Pretoria North magistrate on Tuesday.

Counsel for the accused told the court in June that it was vital they have access to the material.

At the time, State prosecutor Tania Carstens said she would make the footage available to them, but would not provide them with copies of the material. Copies would amount to “distribution”, she said, and it was the duty of the State to protect the dignity of the children.

The defence team claimed Carstens’s stance inconvenienced them, would cause logistical problems and would take up too much time.

The accused - who are all out on bail of R15 000 each - face 23 preliminary charges that include rape, compelled rape, grooming, and using children to produce child pornography.

The family members were arrested on a smallholding near Hammanskraal in December 2010.

The grandfather, the only member who remained in prison after the rest were granted bail by the Pretoria High Court in November last year, was released on bail of R15 000 last week.

Magistrate Pieter Nel referred to British and US case law in support of his ruling.

“The easy availability of the material to the defence will harm the rights of the children, especially because there is no guarantee that the parties can guarantee the confidentiality of the material,” Nel said.

He suggested the lawyers consult the State to view the material.

Legal Aid lawyer Naas de Jager, who represents the grandfather, told the court he was unhappy with the way the case had been handled by the State.

“At this stage my client is not getting a fair trial. It is clear he suffers from a heart condition. He had a heart attack in March and was not given heart medication. It makes consultation difficult as he has a very short attention span,” he said.

The grandfather had to sell his car to afford his bail money, he said.

“The State took one and a half years to complete its investigation. I am now requesting a one-and-a-half-year postponement to go through all the documentation. What’s good for the goose is good for the gander.”

The defence said they would request further particulars from the State. The case is due back in court on October 18. - Pretoria News