Two Pretoria advocates, charged with a variety of sex crimes, attacked the credibility of two of their alleged child victims on Wednesday, claiming they lied.
Advocates Dirk Prinsloo and Cezanne Visser are seeking the Pretoria High Court’s leave to cross-examine a social worker on the backgrounds of the two girls, aged 11 and 15 at the time of the alleged crimes.
They are also seeking access to records kept on the girls by the children’s home where they lived.
The information being sought is likely to confirm that the girls have a propensity for lying, Philip Loubser argued for Prinsloo.
He claimed his client has information that one of the girls previously made similar allegations of ”sexual misbehaviour” against other people.
These were never investigated, leading one to conclude that the girl was not believed at the time, he said.
Judge Essop Patel accused Prinsloo of having embarked on ”a disguised form of a fishing expedition” and said cross-examination cannot be abused to strip away the dignity of sex-crime complainants in court.
”[Prinsloo] is taking liberty in tarnishing the children even before they have testified,” the judge said.
But Loubser said the law allows one to attack the character of a witness if her credibility is in question.
Patel gave an assurance that the right of an accused to a fair trial will prevail.
The case continues. — Sapa