Johannesburg - Gareth de Nysschen was on Monday morning given permission by the court to amend his bail conditions in order for him to have more privacy.
The director of Dave Sheer Guns applied to have his bail conditions changed because he needed more privacy to have sex with his girlfriend.
De Nysschen is facing charges of dealing in stolen military ammunition at the Lenasia Magistrate’s Court.
The charges relate to more than 200 000 rounds of military ammunition allegedly stolen from 21 Infantry Battalion in Lenasia.
De Nysschen had asked that the court change his bail conditions so that he could move out of his uncle’s house in Boksburg to live in a flat in Bedfordview.
De Nysschen explained previously that he needed to move in with his girlfriend.
“My girlfriend wants to live with me to offer me emotional support for the trauma I am currently experiencing as a result of the criminal allegations levelled against me and the extensive negative media reports,” the affidavit said.
“I am effectively under house arrest and I am prevented from having a normal sexual relationship with my girlfriend due to the lack of privacy,” he told the court.
During the application, an affidavit by Investigating Officer Stella Ngwenya said that in chambers De Nysschen’s attorney Martin Hood told the State his girlfriend was “a screamer” and he needed privacy while having sex.
“When the prosecutor was approached in this regard and she requested why he needed to change his address, Mr Hood intimated that the applicant wanted to have sex with his girlfriend visiting from the US. Upon asking Mr Hood why he cannot have sex with his girlfriend at his current address, he said she was a screamer and the applicant wanted some privacy,” the affidavit read.
Hood denied this in an affidavit.
Magistrate Syfred Mati decided in his judgment that De Nysschen was entitled to his privacy.
“There can’t be much privacy for a grown man in the spare room of his uncle’s house,” said Mati. He also said that because the State had asked De Nysschen for a R2 million guarantee he needed to have enough movement to conduct his business and ensure the money could stand if he skipped trial.
The magistrate allowed De Nysschen to change his address to a flat in Bedford Centre, but he still needs to contact the investigating officer any time he plans to leave Gauteng.
The Star