An awaiting trial prisoner — charged with indecently assaulting a fellow male inmate of Pollsmoor Prison — is to sue the media and prison authorities for identifying him before he pleaded to the charges.
The prisoner told the Wynberg Magistrate’s Court on Wednesday that criminal and civil proceedings would be brought against prison authorities as well as the media, because the prison authorities had called in the media to publicise the case.
The case grabbed media headlines as being the first in the country involving the alleged rape of one male prisoner by another. This is the first time that an indecent assault charge involving prisoners has been brought to court.
The Criminal Procedure Act prohibits the identification of accused persons in sexual cases before they have pleaded to the charges.
Magistrate Dalene Greyvenstein warned the media it would be ”prudent” for them not to further identify the accused.
The prisoner said his identification in the media had caused him anguish and anxiety, and that he was even being victimised by prison officials.
During Wednesday’s proceedings Greyvenstein told the prisoner how to go about bringing criminal and civil actions.
The prisoner first approached his legal aid attorney Anthea Ramos to act for him against the media and prison authorities. However, legal aid is limited to criminal cases, so the prisoner then approached attorney Denzel Smit who was representing a client in another case in the court room.
Because the prisoner could not afford Smit’s fee, Smit suggested he approach the organisation Lawyers for Human Rights.
The case did not start on Wednesday, and was postponed to April 17 for plea and trial. – Sapa