Defence in human trafficking matter questions the downloading of data on seized electronics

The defence of the 39-year-old mother and the lawyer facing human trafficking-related charges questioned the US Department of Homeland Security’s involvement in downloading data on seized electronic devices.

This was when Caption Veronica Banks returned to the witness stand as the trial against attorney Carel Schoeman (36) and his co-accused, the mother, resumed in a high court sitting at the Palm Ridge Magistrate’s Court on November 28.

The mother is accused of selling the sexual services of her minor daughters (aged 13 and 11 at the time) and Schoeman of buying the 13-year-old. Schoeman faces 26 charges, the mother 72, and they recently pleaded not guilty to all of them.

The charges include rape, sexual abuse of a minor, child trafficking and the pointing of a firearm.

The offences allegedly happened in Boksburg, Heidelberg, Brakpan, Springs (Ekurhuleni), Villiers (Free State) and Amanzimtoti and Ramsgate (KwaZulu-Natal) between mid-2022 and early 2023.

In his plea explanation, Schoeman said he was under the impression the girl was 19.

The court previously heard that the accused’s cellphones were handed to an agent at Homeland Security to help download the data.

Banks previously testified that Schoeman told her about two explicit videos of the 13-year-old girl on his cellphone during the execution of a search-and-seizure warrant.

While cross-examining Banks, the defence said Homeland Security had no legal authority to help the police download the data on the cellphones.

The mother’s advocate, Harold Davids, put to Banks that the police use a designated and accredited company to do electronic downloads.

Banks explained that the SAPS has a unit that downloads from seized devices.

However, the Gauteng units did not have the necessary licences for the download software used, and due to protocol, they could not get help from other provinces.

Banks said a mutual agreement allows Homeland Security to assist with investigations. She also told the court she received permission to hand the seized items to Homeland Security.

Banks also spoke about the R160 000 negotiated between the mother and Schoeman. She said the mother told her the amount discussed was for her to hand the 13-year-old daughter to Schoeman.

Schoeman paid R25 000, which the mother told Banks was a down payment

“She was still angry that the full amount was not paid.”

Davids referred to Schoeman as a ‘hero saving the girl from prostitution’.

The advocate also put to Banks that the mother and 13-year-old deceived Schoeman by making him believe the girl was an adult.

Schoeman’s lawyer, Deon Pool, questioned Banks about whether the agent who downloaded the data carried out his duties in the US Embassy and if the embassy is regarded as US soil. Banks responded ‘Yes’ to both questions.

Pool asked what authorises our SAPS to hand over devices to another country and extract evidence. Banks maintained there is a mutual agreement between the SAPS and Homeland Security.

When asked more about the agreement, Banks said they were verbally told they were allowed to work with the agent from Homeland Security.

The matter was postponed to January 20.

Also Read: Curve ball in human trafficking case