The Pretoria High Court has refused an application by Pretoria advocate Dirk Prinsloo to separate his sex-crimes trial from that of his former girlfriend and co-accused Cezanne Visser.
Prinsloo had failed to prove that the continuation of a joint trial would cause him to suffer real prejudice, Judge Essop Patel ruled on Friday.
He said a duplication of trials would result in a waste of time, talent and resources, and would be onerous and burdensome to witnesses.
Prinsloo faces 16 charges and Visser 15 relating to an array of alleged sexual violations of women and girls.
Prinsloo’s application for a separation of trial was based on the failure of Visser to challenge evidence that she had admitted to committing sexual deeds with Prinsloo in front of two children.
This amounted to an effective guilty plea and directly implicated him, Prinsloo contended.
However, Patel found that such an extra-judicial admission is detrimental only to the person from whom it emanates.
”The mere fact that co-accused is possibly going to incriminate another does not constitute prejudice.”
He ruled that Prinsloo’s constitutional right to adduce and challenge evidence had not been affected by Visser’s defence strategy.
After the judgement, Prinsloo’s counsel, Philip Loubser, applied to be allowed to make a special entry, claiming the finding was irregular and not according to law.
A special entry is a precursor to an appeal. — Sapa