There were many moments in the past 19 months when Samantha Morgan* and her daughter wanted to give up in their battle for justice.
As their case against the former Bryanston High School netball coach accused of sexually assaulting her daughter when she was 16 and 17, dragged on, they lived a nightmare of constant re-traumatisation.
But this week, they finally felt they had a voice. On Monday, in the Alexandra Magistrate’s Court, the accused failed in his bid to have case thrown out of court. The director of public prosecutions has decided to prosecute him.
“With a system we felt failed us for 19 months, is finally giving us a voice and hope begins to rise as we realise the chapter is one step closer to closure,” said Morgan, recalling the 12 postponements in the matter.
“The experience has quite honestly been nothing short of a nightmare and we couldn’t be more relieved that there is now a possible end in sight and the system has given us renewed hope in a very flawed process.”
The netball coach was arrested in January last year when Morgan and her daughter opened a criminal case against him. It is alleged he sexually abused young girls on school property and on school tours.
He was dismissed in March last year after a disciplinary panel found him guilty of sexual harassment. Two other victims came forward but did not pursue the matter criminally.
Morgan, a single mother of three, and her daughter did. “As I reflect back on the journey, which has now come to this point finally, I realise the destruction and emotional turmoil this has caused my family,” she said.
“One doesn’t really understand the strain, the uncertainty, and the devastation a journey like this has on one’s life.”
The process has caused extreme pain. “We often had moments of wanting to give up. The system is one that is very difficult and not one to help those who need it the most. It’s been 19 months of the unknown, of terrible communication, and of constant retraumatisation for my daughter.
“As much as the anxiety has increased, gratefully strength has been been acquired.”
Morgan is grateful to Women and Men Against Child Abuse (WMACA) “who have been by our sides since day one, have been the support we’ve needed throughout.”
Luke Lamprecht, of WMACA, is “absolutely thrilled” a trial date will be set down on Monday. “The fact that they heard his 10 000 representations, all they’ve done is consulted with the victim once so all we are saying is let’s go to court. We want the victim to have a voice… He needs to answer to a case.
“From the perspective of the teenager who was has come forward under extreme odds to make a disclosure, all they see is nothing is happening. We can run around and say the defence has rights… but in the midst of that what we have to recognise is that the victim is not heard and is not being communicated with and is losing faith in the system. It’s about perception.
“Then what happens is that people don’t want to participate in the criminal justice system. That sends a message to other victims… and so the whole thing just undermines the agenda,” said Lamprecht.
Disclosing sexual assault is extremely difficult. “Our society is still prejudiced, we are nowhere near being in a place where we are victim-centred so all the odds are stacked against you. We know delay is a defence tactic and we would expect that is countered by swift justice.
“This is someone who violated you, violated your family, misused the trust in the school, influenced your netball career, your matric… TThe ramifications are enormous so the state is there to give voice to the victims and they must do it properly. Now that the state has said ‘stuff you and your representations’, this is what should have happened months ago,” he said.
The State, according to the National Prosecuting Authority (NPA), had been ready to proceed with the trial since June last year. “The delays are at the instance of the accused as he was granted several postponements to lodge representations with the offices of the NPA.”
*Not her real name