The State on Wednesday expressed their unhappiness with yet another delay in the matter involving Kempton Park model agency boss Dawie De Villiers, who is due to be sentenced in the South Gauteng High Court.
The founder of Modelling South Africa (PTY) was found guilty of rape, sexual assault, sexual grooming, fraud, exposure of pornography to children and access to child pornography in February.
“He belongs in prison, the minimum sentence for one of his counts is life imprisonment,” prosecutor Arveena Persad told the court on Wednesday.
Earlier, Persad reminded Judge Cassim Moosa that during the previous court sitting, the matter had been postponed for the pre-sentencing report to be heard and that De Villiers’s previous counsel had made an application for transcripts to be submitted but had put it on record that recordings in their possession were sufficient to proceed on Wednesday.
However, Advocate Riaan Greyling, De Villiers’s new counsel, said the transcripts he had received thus far were incomplete.
“This is a delaying tactic,” Persad countered.
Persad told Moosa that the State opposed the postponement for the transcript as De Villiers and his previous counsel had been recording and taking notes of the trial.
She went on to raise the issue of De Villiers still being out on bail despite being a convicted felon.
“The victims have the right to their justice, as well as any victims who are at risk,” Persad said.
“There should be no reason for his bail to be extended any further.”
Greyling argued that Legal Aid had asked him to take on the matter and it was not De Villiers’ fault.
Later, Persad brought it to the attention of Moosa that the pre-sentencing report that was complied by a social worker was flawed as it was compiled in terms of the indictment, but not of the conviction of the court.
Persad told the court that she could proceed despite the pre-sentencing report not being 100 percent accurate as the pre-sentencing author could testify on the sections of the report that weren’t correct.
“The report being flawed shows that there wasn’t enough information provided,” Greyling argued.
Greyling told the court that he had only a certain portion of the transcript and that he had made an application to receive the full transcript prior to Wednesday.
“The accused [De Villiers] has given instruction that he will need them for leave to appeal as well,” Greyling said. “It would be unfair for the bail to be revoked as it wasn’t his fault.
“How long do you anticipate receiving the transcript will take?” Judge Cassim Moosa asked.
“It’s very difficult for me to say,” Greyling responded. “I would at least request a month.”
Persad suggested that the matter be postponed for two weeks and the court make an order that the transcripts be issued or the person responsible would be required in court to testify as to when the transcript would be available.
She argued that leave to appeal was not of concern at this in time as that only followed after sentencing.
Later Greyling gave Persad the transcripts of the trial that were in his possession for her to check how much information he was missing.
– African News Agency (ANA)
