Cape Town - A Kuils River man who admitted being sexually attracted to children is fighting to avoid prosecution in the US.
Denver Carolissen, 41, allegedly sexually abused an 8-year-old girl, then sent the images to undercover agents in the US, along with pornography involving children.
In November 2014 the US government requested his provisional arrest, then followed up with a formal extradition request in January last year.
Carolissen was sent for observation to Valkenberg Psychiatric Hospital and in May a panel of experts concluded he fulfilled the criteria for paedophilia.
The Kuils River Magistrate’s Court held an inquiry and ordered Carolissen be held in prison pending an extradition decision by the justice minister.
He appealed that decision in the Western Cape High Court and his fate is now in the hands of Judge Pat Gamble and acting Judge Michael Donen.
In an affidavit in support of the extradition request, Assistant US Attorney Craig Wolff claimed a US Department of Homeland Security investigation revealed Carolissen allegedly sexually abused the young girl in South Africa in 2010 and 2012.
He allegedly sent pornographic images of the girl and other child pornography to two Maine undercover agents in September and October 2014 from a Gmail account in the name of Danielle Dickens.
The agents pretended to be fathers who engaged in sexual activity with their young daughters.
Dickens allegedly claimed the girl depicted in the images was 12 and he had “played” with her since she was 8.
However, an investigation into the Gmail account indicated Dickens was Carolissen, court papers revealed. Other online accounts, including Carolissen’s Facebook profile, allegedly confirmed he was the user of the Gmail account.
Carolissen allegedly forwarded the images to the agents for reward, or to trade them for similar material.
Weeks after the agents received the images, a federal grand jury in Portland, Maine, issued a criminal indictment in which Carolissen was charged with three counts of sexual exploitation of a child and five counts of transportation of child pornography.
If he is tried and convicted in the US, he could be jailed for between 15 and 30 years or fined up to $250 000 (about R3.6 million), or both.
One of the agents, David Fife, said Carolissen had admitted engaging in sexual activity to local police after he was arrested. He allegedly told them he had taken naked pictures of a street child he picked up while driving in Parow.
In his appeal to the High Court, Carolissen’s lawyers argued the offences in question were not extraditable and he should be tried in South Africa.
It is, however, the State’s case that US authorities have already obtained the evidence needed for a trial, while South African police have not formally begun an investigation. In addition, the undercover agents were based in the US, as were Google and Facebook, which would give evidence.
It would be cumbersome for Carolissen to be prosecuted here, the state argued, adding that the US had evidence in place and was ready to proceed with a trial. Delays were inevitable, however, if prosecution had to take place locally.
The state asked the court to dismiss the appeal, submitting the magistrate’s findings were correct. The High Court reserved judgment.
Weekend Argus
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