Johannesburg -
Thousands of kilometres and an ocean may separate these three women, but a milestone Supreme Court of Appeal decision has united them in their vindication and joy.
Convicted paedophile and former tennis icon Bob Hewitt was on Thursday denied his appeal on a six-year prison sentence for raping two of the women as children, and molesting the third as a teenager.
Even though he was sentenced for his decades-old crimes in June last year, the thought of a successful appeal at the Supreme Court of Appeals (SCA) haunted Theresa “Twiggy” Tolken for almost a year.
She was the linchpin in the State’s case against Hewitt, having held on to letters he wrote to her when she was 12 years old. The letters were a sign that Hewitt had spent years grooming some of his victims, and were probably a major deciding factor in High Court Judge Bert Bam’s decision to convict the now 76-year-old.
Tolken told The Star on Thursday of the filing cabinet she kept in her New Zealand home, filled with newspaper cuttings and other documentation relating to the case, a constant reminder of her abuse.
“Thirty-five, no 36 years later, I can finally clear out that cabinet.”
She spoke exclusively to The Star. “My kids were four years old when this all started. Now they’re almost 10. I can’t believe it. This is a milestone for (victims of abuse), to show you can speak out, even years later.”
Tolken called on parents to always listen to their children. “You can’t assume a child would make this stuff up.”
But it was a support network of dozens to which Tolken attributed victory: prosecutor Carina Coetzee, numerous members of Women and Men Against Child Abuse and the lawyer on watching brief for WMACA, Stacey Barbaglia.
Meanwhile, in Joburg, the second complainant - who has asked not to be named - shared her elation with The Star.
“This is vindication to the nth degree. Today marks the end of the toughest six years of my life. I’ve lost, I’ve gained, I’ve learnt, I’ve unlearnt, I’ve cried, I’ve laughed, but most importantly, regardless of the outcome, I’ve become a better version of who I used to be.”
Having changed her name earlier this year, the survivor said she had retaken control of her life. “Thank you to everyone who has stood by me through tears, laughter, tantrums, meltdowns, victories and goodness knows what else.”
In Durban, the third complainant, who cannot be named by order of the courts, said she was ecstatic.
“I am so overwhelmed. I cannot even begin to tell you how happy I am. I hope this helps other victims of abuse not to be scared to come forward. I would like to thank unsung heroes: Delene (Grobler), our detective on the case who listened and believed my story, and prosecutor Carina. Without them, none of this would be possible.”
Miranda Friedmann, the founding director of the WMACA, said: “We are extremely pleased and welcome the judgment. We applaud the courage and bravery of Hewitt’s victims for putting their lives at risk and on hold to force justice to prevail at last.”
Hewitt’s lawyer, Johann Engelbrecht, said he and his client were disappointed and would be studying the judgment.
The lawyer said it would be up to the SCA registrar to inform his client when he would have to hand himself over to police.
He will also now have to pay a R100 000 fine to the Department of Justice to fund anti-abuse campaigns.
What the court said
Some of the rulings made by Supreme Court of Appeal judges Mandisa Maya, Zukisa Tshiqi and Willie Seriti in their judgment yesterday:
In his appeal argument, Hewitt’s legal representatives claimed he did not exhibit a “pattern of sexual abuse” and that the crimes were “once-off”, thus he should not be sent to prison.
But the judges disagreed. “The evidence established a sustained period of grooming of each complainant, which culminated in the offences committed over a period of 14 years,” the judges wrote.
The judgment acknowledges how the lives of the complainants and their families had been severely affected by Hewitt’s crimes.
“(He) exploited the complainants’ innocence and youth and forced them to submit to his wicked desires. He abused his position of authority and responsibility towards them and also abused the trust that their parents had placed in him when they put their young children in his care,” the judgment read.
The judges recognised Hewitt’s inability to recognise the harm caused by his crimes, particularly in the sentencing proceedings, where he labelled one of the complainants a “so-called rape victim” and accused her of thriving on the media attention by speaking publicly about her ordeal.
Hewitt’s standing and his lawyers’ claim that he'd been punished already with his fall from grace were rejected.
The Star