The Cape High Court dismissed an appeal on Friday against conviction, launched by peeping tom Fanie Terblanche, who concealed movie cameras in the bathroom ceilings of two different apartments in order to view two women undressing and taking a bath.
The incidents happened between June and August 2000 when Terblanche concealed a video camera in the bathroom ceiling of an apartment at Welgelegen flats in the Strand, to watch his flatmate Gerda Hendricksen and her friend Cinzia Rader undress and bath.
This was the basis for two convictions for crimen injuria. On a third count of crimen injuria, in a similar manner, Terblanche watched Hendricksen undress and bath at a different block of flats.
Terblanche launched the appeal before Cape High Court judge Roger Cleaver and acting judge Willie Duminy.
Terblanche apparently shared a flat with Rader and Hendricksen. Cleaver said Terblanche was caught out when he swopped rooms with Rader. Terblanche had hidden video tapes in his cupboard with footage of the women bathing. The tapes were found while Rader was emptying his cupboard while Terblanche was away on business.
After the women had discovered the tapes they invited Terblanche to a Christmas evening function, which he declined. This happened on his return from his business trip. When the two women returned to their apartment after the function they discovered that the tapes which had been put aside by Rader were missing.
Cleaver said Terblanche was confronted by the women, who told him that they knew what he had been up to. Terblanche had replied: ”I am sorry about that, but I have a
problem.”
The judges rejected the grounds of appeal, advanced by the defence team Jan Marais and Milton de la Harpe, namely that evidence in the Strand Magistrate’s Court concerning the tapes had been inadmissible.
They said there was no doubt that there had been a prima facie case against Terblanche who had the right to present his version to the court but had failed to do so. His failure to present the court with his version had to count against him.
Terblanche was found guilty on three counts of criminal injuria and sentenced to a fine of R3 000 or 15 months conditionally suspended for five years.
He appealed against the conviction only, and not the sentence. – Sapa