Inconsistent statements, limited evidence and a weak case was all that the prosecution had against a 31-year-old woman accused of a string of child pornography and related charges, the woman’s lawyer told the Pretoria North Magistrates Court on Friday.
In his closing argument at the woman’s bail hearing, Chris Greyvenstein said that an initial statement obtained from a trained psychologist who had interviewed the woman’s 10-year-old son had pointed to the grandmother allegedly filming the children as they performed pornographic acts with each other and adults.
However, he said the additional statement taken from the boy by investigating officer Tonya Louwrens suddenly included the mother in the allegations.
Highlighting what he called inconsistencies in her testimony, Greyvenstein said: “The investigating officer is somewhat subjectively involved.”
He also said she had been less than honest with the court when she gave evidence.
He cited the fact that Louwrens had claimed that the animals had been removed by the SPCA from the premises when in fact they had never been removed.
He also pointed to the fact that under cross-examination Louwrens had admitted that the woman had only attempted once to see her son. This had contradicted her earlier evidence when she had claimed that the woman had made several attempts.
He said there was no evidence that the woman who had attempted to visit the boy at the place of safety was in fact his client.
“It is not necessary to present falsehoods to this court to prevent the accused from getting bail.”
He said another inconsistency was the fact that the boy claimed his parents had a blue Ford, when in fact his parents never owned a blue car.
Little evidence
He said there was very little evidence directly linking the woman to any of the charges.
Greyvenstein said that under cross-examination Louwrens had conceded that the woman did not have the financial means to be a flight risk.
The woman is one of nine people who face charges of rape, indecent assault, sexual grooming of children and possession, manufacturing and distribution of child pornography.
The woman is believed to be the wife of accused number eight.
The eight arrested last year include a grandfather (58), grandmother (57), their two sons from previous relationships, aged 34 and 36, the grandfather’s brother (61), and his wife (42), and their son, who is reportedly mentally disabled. The 26-year-old wife of one of the sons was also arrested.
Six children, aged four and older, were allegedly used in sex movies which were then distributed.
Four other children were removed from the care of the accused and sent for psychological and medical tests.
In his closing argument prosecutor Brandon Lawrence said: “It is quite brazen to say her involvement is minimal.”
He said it was “highly improbable” that she did not know what was happening with the children.
He said the court had evidence that the children, including the boy’s 10-year old son, were highly sexualised, performing sexual acts themselves.
All nine are expected to appear in the Pretoria North Magistrate’s Court on April 6, when it is expected that a decision will be made on whether to send the case to the regional court. Wessels will also hand down his decision as to whether the woman should be granted bail. — Sapa