Pretoria advocate Dirk Prinsloo asked on Monday for his sex-crimes trial to be split from that of his former girlfriend and co-accused Cezanne Visser.
The application was based on Visser’s failure on Friday to challenge evidence that she had admitted to committing sexual deeds with Prinsloo in front of two children.
Visser’s failure in this regard led one to infer that she would also not contest other witness evidence, Philip Loubser argued for Prinsloo.
Such a state of affairs would cause his client severe prejudice. Visser’s silence in effect amounted to a guilty plea and placed Prinsloo in an untenable position, Loubser told the court.
It meant that Prinsloo would never get an opportunity to cross-examine her on her version, leaving him unable to defend himself.
”As a result of these circumstances, we contend that [Prinsloo] will suffer severe prejudice if the trial continues in this fashion,” Loubser argued. ”The continuation of this state of affairs would not be in the interest of the promotion of the interests of justice.”
Casper Badenhorst, for Visser, did not oppose the application, while the state has yet to decide whether to support or oppose it.
Asked whether Visser intended persisting with the tactic of not contesting witness evidence, Badenhorst said his client declined to respond.
Prosecutor Andre Fourie said he needed time to consult his superiors at the National Prosecuting Authority.
”I agree that this does result in certain consequences which may be prejudicial [towards Prinsloo]. But I have to consider whether this is reason enough to separate the trials,” Fourie told the court.
Should the state oppose Prinsloo’s bid, Loubser said, he would call his client to the stand to give evidence on the necessity for a separation of trials.
On Friday, children’s home manager Martie Booyse testified that Visser had admitted to committing sexually explicit deeds with Prinsloo in front of two girls who had visited the couple over separate weekends in 2002.
An 11-year-old girl claimed that Visser used a vibrator in front of her, had asked her to touch her surgically enhanced breasts, and told her to touch Prinsloo’s private parts as he lay in the bath.
The girl said she had been exposed to pornographic videos and magazines and was asked to walk about naked.
A 15-year-old said she was shown sexually explicit videos and claimed the couple had engaged in intimate acts before her.
Visser confirmed the allegations when she was confronted during a visit to the children’s home to bring the youngest girl a fruit basket, Booyse testified.
When given a chance to cross-examine Booyse, Badenhorst declined — causing much surprise in the public gallery.
The application for a separation of trials is to be argued in front of Pretoria High Court Judge Essop Patel on Wednesday.
Prinsloo faces 16 charges and Visser 15 for alleged sexual violations of women and girls.
They have pleaded not guilty on all counts and are out on R4 000 bail each. — Sapa