Two Pretoria advocates who will go on trial next year for allegedly indecently assaulting and soliciting children will not have access to the personal files of two of their alleged victims.
Judge Eberhard Bertelsmann on Monday turned down an urgent application by Advocate Dirk Prinsloo and his common-law wife, Advocate Cezanne Visser (also known as Advocate Barbie) to force the Bramley Children’s Home to give them access to the girls’ files.
The children’s home, the children’s parents and the director of public prosecutions opposed the application, saying that the girls’ rights — including their right to privacy — are at stake and it would not be in their best interest to allow the accused access to their private files.
The judge said it is clear from affidavits filed by the advocates that the evidence they seek — which is of a very private nature — is expressly not concerned with the offences with which they are being charged.
They seek to investigate the character and personality of the two girls without showing why it is necessary for their defence at this stage.
He said the two are under no obligation to reveal their defence against the charges and could play their cards as close to their chest as they like, but have to accept the consequences. They have not shown that they need the information on the background, history and behavioural patterns of the complainants.
Without telling the court why such information is necessary, the applicants, the respondents or the court cannot even try to determine whether delving into the personal history of the girls is justified, the judge said.
It is obvious the two advocates face serious charges and are entitled to a fair trial, which includes the right to information in possession of the state and possibly state witnesses.
But, he said, not only accused persons have rights. The Constitution specifically protects the rights of children, which are of paramount importance.
The application not only lacks a factual basis, but is also premature, the judge said.
The judge in their criminal trial will be in a better position to judge if the information is necessary and they are free to raise the issue again in that trial once the nature of their dispute with the state becomes evident.
The two will go on trial in the Pretoria High Court next year on numerous charges, including rape, indecent assault, soliciting minors to commit indecent acts, exploiting a minor by paying her to commit sexual acts, the possession and manufacture of child pornography, possession of dagga, and fraud. — Sapa