Johannesburg - A man accused of stealing and selling military ammunition has tried to have his bail conditions relaxed – to let him have sex with his girlfriend, it’s been claimed in court.
On Monday, Gareth de Nysschen appeared in the Lenasia Magistrate’s Court along with co-accused Efthimios Demis Karamitsos on charges of dealing in more than 200 000 rounds of military ammunition allegedly stolen from 21 Infantry Battalion in Lenasia.
De Nysschen has tried several times to get the court to let him move out of his uncle’s house in Boksburg and move into a flat in Bedfordview.
De Nysschen explained to the court 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 am prevented from having a normal sexual relationship with my girlfriend due to the lack of privacy,” he told the court.
On Monday, prosecutor Mienke Erasmus told magistrate Syfred Mati that De Nysschen’s application was frivolous.
“Is it necessary for the court to change his address because he wants sex and emotional support?”
She read out an affidavit in which investigating officer Stella Ngwenya said that in chambers De Nysschen’s attorney, Martin Hood, had told the State that De Nysschen’s 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 USA. 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 and said he would be instituting damages against Ngwenya.
“I am going to take the matter up with her superiors, because of her conduct in lying in court proceedings,” Hood said.
Senior counsel Laurance Hodes, representing De Nysschen, accused the prosecutor of trying to sensationalise the case for the media.
“These accusations serve no other purpose than to sensationalise this case and embarrass my client,” said Hodes.
Erasmus then asked why the State would fabricate that they were told that De Nysschen’s girlfriend was a screamer.
“Implying the State fabricated this one little piece of evidence is preposterous. What it does is underline the frivolousness of this application,” the prosecutor said.
Outside the court, De Nysschen begged The Star not to report on the allegation.
Hodes described his relationship with the prosecutor as a “civil war”, adding: “This is getting personal.”
In his affidavit, De Nysschen said the investigating officer was being affected by outside influences “such as Paul O’Sullivan, who she and the prosecutor are in regular contact with, and Angelique Serraro (sic), a reporter of The Star newspaper, with whom she has contact and discusses this case. Such discussions are inappropriate,” the affidavit states.
Erasmus took offence at this referral.
“These personal attacks are either from someone who is completely incompetent, or their case is weak and they have to resort to this,” the prosecutor said.
Judgment for the application will be made next week.