Dirk Prinsloo and Cezanne Visser, who are accused of an array of sexual crimes against women and girls, had put nude photographs of themselves in the public domain and could not now complain that their privacy had been invaded, a Pretoria High Court judge said on Friday.
Judge Essop Patel ruled that a large number of modelling photos of Visser attached to an affidavit by a former employee of Prinsloo was a public document and that the media could look at, but not copy or publish, the photos.
He also ruled that if any further photos of the pair appeared in the media obtained from any other source, the media would have to disclose the source.
The majority of photos depict the well-endowed Visser in skimpy clothing in various modelling poses. There are also a few nude photographs of Prinsloo and Visser - both of whom are advocates.
The affidavit was filed as part of a bundle of documents handed to court in reply to allegations by Prinsloo and Visser that someone in the police or office of the Director of Public Prosecutions had leaked three of the photos to tabloid newspaper Die Son.
The advocates initially asked the court to force the newspaper to reveal the source of the photographs, but later attempted to withdraw the application after reaching an out-of-court settlement with Die Son.
The advocates also strenuously objected to the DPP handing in the documents refuting claims of a "state leak".
The documents included an affidavit by a former employee of Prinsloo, who said the accused had approached her with CDs containing professionally taken photos with a request to retouch them and to email them to various addresses to further Visser's modelling career.
The employee had forwarded copies of the photographs to various photographers, newspapers, friends of the accused and to contacts in New York and England.
Judge Patel said it was clear that the photos were professionally taken by a photographer and that the employee was mandated by the accused to put them in the public domain.
"Once a person's photographic images are put in the public domain, that person by his or her own choice forfeits to some extent the right to privacy," the judge declared.
The judge also dismissed argument that the DPP's affidavits were inadmissible because the accused did not have a chance to reply. He said they had ample opportunity to reply, but chose not to do so.
He said the accused had abused the process of court and had attempted to obfuscate the issues in their criminal trial by launching what was in essence a civil application in the criminal court.
The furore surrounding the publication of the photos had no impact on their right to a fair trial or on the criminal proceedings, Patel added.
The trial was postponed to October 3, and the judge appealed to the state and defence not to delay any further to ensure that the accused had a speedy trial.
Defence counsel indicated that a senior advocate would be briefed to launch an application for a trial-within-a-trial when the case resumed.
There was also a possibility that other interlocutory applications could be launched before October.
The two advocates have denied guilt on a range of charges relating to the alleged indecent assault, soliciting and exploitation of minor girls and women and the possession and manufacture of child pornography. - Sapa