Court officials have ripped into reports recommending a slap on the wrist for a man found guilty of creating and possessing child pornography.
|||Durban - A magistrate and a prosecutor have ripped into reports recommending a suspended sentence and correctional supervision for a Glenwood man found guilty of creating and possessing child pornography.
Durban Regional Court magistrate Lee Bonhomme questioned the social worker on why she had only interviewed the accused, 30-year-old Karl Kiloh, and his mother to arrive at a conclusion.
This was during arguments for sentencing of Kiloh, who has been convicted of 48 counts of creating child pornography and a further48 counts of possessing child pornography.
"So you compiled your report only from the one side, the defence. Why didn't you speak to the investigating officer?" he asked the social worker, who did not respond.
Her report recommended a suspended sentence as well as correctional supervision where he would undergo rehabilitation programmes.
The social worker testified that the Department of Correctional Services was responsible for arranging and selecting rehabilitation programmes.
The correctional services officer's report recommended a correctional supervision sentence, but said Kiloh should not participate in any treatment or development programmes and should not be monitored.
"The court's impression is that this document (the report) is a cut and paste because of the number of issues that are highly questionable," said the magistrate to the correctional services officer who was also called to testify.
Kiloh had pleaded guilty in July to the charges. He said loneliness and depression had led to his communicating with adults on the internet who sent him pornographic pictures and videos of children.
He said he had been an outgoing and social person until a motorcycle accident in 2007 left him a paraplegic, changing his whole life.
He downloaded pornographic pictures and videos of children posing naked or half naked, simulating or engaging in sexual acts and admitted to being stimulated by these images, but said he did not act on them. He also confessed to using dagga whenever he downloaded the images.
On December 8 last year, police raided his home and confiscated cellphones and other hard drives and arrested and charged Kiloh.
The defence had called for pre-sentencing reports to be prepared, but on Wednesday Regional Court prosecutor Jerome Gnanapragas objected to the social worker's report being admitted.
In her testimony, the social worker said she had not viewed the images or consulted with Kiloh about them.
Gnanapragas also questioned the correctional services officer on his initial recommendation that Kiloh attend rehabilitation programmes.
The officer said he did not know which programme was suitable or if such programmes existed.
The prosecutor argued for Kiloh to be imprisoned, saying "child pornography is the first stop down a dangerous road". He also referred to the images Kiloh downloaded, one of them including a child rape.
Kiloh's Legal Aid attorney, who did not want to be named, asked the court for punishment with a measure of mercy, saying Kiloh was a first offender and a paraplegic.
The case was adjourned until September 14 for sentencing.
Daily News