Agreeing to a plea bargain in the case of convicted Swiss sex tourist Peter Zimmerman was the best that could be done under the circumstances, the National Prosecuting Authority (NPA) said on Wednesday.
Zimmerman was fined R10 000 and given a one-year suspended sentence for five years after he pleaded guilty to indecent assault.
The 46-year-old man was found having sex with a 16-year-old Alexandra boy in his room at the Balalaika hotel in Sandton on October 8.
He reportedly bought the minor new clothing and supplied him with an unspecified amount of cash.
”When the NPA was preparing for the trial, our prosecutors were informed that the boy — who was the complainant in the case — could not be found,” said Nkosi.
”Essentially, the NPA was left with two options — either to agree to a plea bargain with the accused, or withdraw the charges, an action that would have seen Zimmerman leave the country without any punishment.”
In terms of Section 105A of the Criminal Procedure Act, which deals with plea bargains, Zimmerman had to plead guilty to the specified charge of indecent assault, which he did — ”this notwithstanding the fact that boy could not be found to support the charge”.
Nkosi said all relevant factors governing plea bargains were considered and Zimmerman’s case met them favourably.
”Aggravating circumstances were the following: the boy is a 16-year-old minor, violence against women and children is prevalent in this country, and the public look up to courts to impose sentences which will act as a deterrent to prospective offenders.”
He cited the following as mitigating circumstances: Zimmerman’s record as a first-time offender, the fact that he has been a lawyer for the Franke Group in Switzerland since March 2002, and that he was the only one looking after his elderly parents following his sister’s death from cancer a year ago.
Nkosi said the case had also been widely reported in the Swiss media and had negatively affected Zimmerman’s reputation.
”He has become traumatised as a result of this and there is a necessity for him to seek psychological help. He displays remorse for what he has done.”
Added to that, Nkosi said, the convicted sex tourist will never be allowed back into South Africa again.
His name has been forwarded to Interpol and member countries will be informed of Zimmerman’s offence and tendencies.
”Whilst the NPA would have preferred a much harsher sentence for Zimmerman, especially during this period of 16 days of activism against violence on women and children, we are of the view that the sentence imposed was the best that could be done given the circumstances of the case.
”The worst-case scenario would have been for the case to be thrown out of court or for Zimmerman to be acquitted,” said Nkosi. — Sapa