A social worker assigned to the 51-year-old man from Randfontein, who was found guilty in of raping and indecently assaulting his two stepdaughters, on Friday told the South Gauteng High Court that accused was too unwell to go to prison.
Defence advocate Marius Van Wyngaard called social worker, Carina Wolmarans, to the stand. She told the court about suitable sentence options other than prison that could assist with rehabilitation.
The social worker tried to persuade the court not to send the accused to jail, saying the country’s prisons were overcrowded and that the accused was not in good health. The accused was found guilty of the crimes last month.
Wolmarans said the accused broke his ankle when he was younger, endured a failed hip replacement surgery owing to groin problems. The man dubbed a “sex predator” was also using an asthma inhaler.
Prosecutor Rolene Bester disputed the accused was in bad health, saying he could function like a “normal”person.
The social worker said another mitigating factor in the accused’s favour was that the he had handed himself over to the police when he became aware he was a wanted man.
“Did he tell you that the police asked him to hand himself over and there was a scene prior to him handing himself over?” Bester asked.
“He could’ve ran away but he didn’t,” retorted Wolmarans.
Judge Cassim Moosa asked Wolmarans whether the accused, who can not be named to protect his stepdaughters identity, had spoken about the crime and whether he insisted he was innocent. She told the court that the accused maintains that he is innocent.
Wolmarans said rehabilitation was beyond him admitting to his crimes, and that he told her that he would appeal his sentence.
During the trial the State called seven witnesses, one of whom was the 51-year-old’s stepdaughter. She said her stepfather began assaulting her when she was only 11.
Now 18, the accounting student testified that she did not like her stepfather even though he provided financially for the family and made sure that their basic needs were met.
Lawyer for the defence Wyngaard said his 51-year-old client had responsibilities which included caring for his 11-year-old son and that he had a stable work history which showed something positive about his character.
“The older the accused gets his health will deteriorate,” said Wyngaard. He said life imprisonment would be harsh because of the accused’s age.
Wyngaard suggested to the court that if his client, who has been convicted of multiple rapes, is sentenced to time in prison the sentences should run concurrently.
“So to you with account to everything you think 20 years is appropriate?,” Judge Moosa enquired. Wyngaard answered in the affirmative.
Sentencing continues.
– African News Agency (ANA)
