The sex crimes trial of two Pretoria advocates was waylaid in the city’s high court on Wednesday with an application by one of the accused to be allowed to give evidence.
Dirk Prinsloo sought to take the stand to explain why he wanted his trial to be separated from that of co-accused Cezanne Visser.
On Monday, Prinsloo said the inference could be drawn from Visser’s failure to challenge apparent damning evidence against her that she would also not contest other evidence by witnesses.
This amounted to an effective guilty plea, to the detriment of his own defence.
Prinsloo’s advocate, Philip Loubser, told the court on Wednesday his client wanted to take the stand to present evidence on the couple’s break-up.
He also wanted to refer to a letter containing ”certain allegations” which he received from Visser in June.
Judge Essop Patel said he was not convinced about the need or permissibility of Prinsloo taking the stand in what amounted to a trial within a trial.
Counsel for Visser, Casper Badenhorst, also opposed the move saying it could be to his client’s detriment.
”What we will hear will be a complete surprise.”
For the state, Andre Fourie said he could find no authority on whether Prinsloo could be allowed to give oral evidence at this stage of the trial. But he did not see any need for it.
Patel said the court, in considering the matter, would have to take into account the possible prejudice to Visser, to the state, and to the administration of justice.
In addition, it would have to consider whether Prinsloo would be putting himself at risk by subjecting himself to cross-examination.
The trial was adjourned to allow Loubser to prepare a document containing ”factual background” to Prinsloo’s application, for submission to the court.
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, 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 in front of her.
Visser had 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.
Given a chance to cross-examine Booyse, Badenhorst declined.
Prinsloo faces 16 charges and Visser 15 involving an array of alleged sexual violations of women and girls. – Sapa