A private detective, not the police, was largely responsible for collating evidence in a case in which horrific allegations of sexual abuse and assault are made.
|||Durban - Information in a case in which horrific allegations of sexual abuse and assault are made was largely “collated” by a private detective, not the police.
This was heard on Tuesday in a matter in which a 41-year-old man is accused of sexually abusing his former stepdaughter over a period of seven years from when she was 3 years old.
According to the indictment, he is facing 17 charges involving rape, indecent assault, assault/ill-treatment of a child and exhibiting pornography to a child.
All the offences allegedly took place at various addresses in the Waterfall area between December 2000 and July 2007.
The State alleges that the woman was 3 years old when the man moved in with her mother. While her mother worked, her stepfather either worked from home or was unemployed.
Among the abuse she alleges is that he inserted vegetables, hairbrushes, dowel sticks, deodorant cans and electric toothbrushes into her vagina.
On Tuesday defence advocate Willie Lombard brought an application for further information related to the charges in the case.
Lombard said the defence needed information related to who had authored and taken down statements that formed part of the docket and where this was done.
He said the bulk of the statements appeared to have been taken by The Guardian, an agency that deals with child-related matters, and was commissioned by its director, Marc Hardwick.
He said this information was highly relevant to the defence because The Guardian had been hired by the victim’s mother and the issue of bias could arise. The defence also wants access to draft statements that The Guardian may have and any other preparatory notes related to the case.
Lombard also asked for access to a separate criminal docket, in which the young woman was the complainant, as it was alleged that this incident was a “trigger event” for her memory.
That case was not prosecuted. State advocate Cheryl Naidu said the State would provide information about who took the statements and the complainant’s statement from the other docket to the defence.
The State has also said The Guardian’s file on the matter was not in its possession and access to Hardwick or the organisation was deemed to be irrelevant and unnecessary for the preparation of the trial.
In her heads of argument, Naidu said the right to a fair trial did not depend on the accused having every bit of information within and beyond the reach of the prosecution.
“The rights and interests of the complainant must also be recognised. Records in the hands of third parties should not be available for a fishing expedition for information.”
The application was adjourned to Thursday.
The Mercury