Former principal in child porn case gets slap on the wrist – police

MBOMBELA – Former Penryn Prepatory principal Neil Malherbe (52) is “sexually opportunistic”, but not predatory. This was the ruling handed down by magistrate, Ms Vanessa Joubert during his sentencing for the possession of child pornography in the Nelspruit Magistrate’s Court on Wednesday.

Malherbe was arrested on August 15, 2013 after police searched his home and seized his computer.
His arrest made international headlines, as it was reported to be part of an international investigation into child pornography.

He was initially a suspect in the Project Spade investigations, which originated in Canada. He came under investigation when he purchased a video off the Internet from a manufacturer under investigation.

The video led to police seizing his computer, on which images were discovered.

Malherbe was initially charged with seven counts of child pornography.

He was found not guilty on four charges, including possession of the video which led to his arrest. The court could not determine the ages of the actors in the video which was purchased from Amazon.

He was also found not guilty on one count of importation of child pornography.

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He was found guilty for the possession of three photos. Joubert said the images were in contravention of the Film and Publications Act and portrayed the children in a sexual manner.

She sentenced Malherbe to three months’ imprisonment for each picture which amounted to a suspended sentence of nine months.

“He said the pictures were accidental, but I questioned why he failed to delete the images,“ said Joubert.
The images would be forfeited to the state for disposal. She also ruled that he would be placed on the sexual offences register and was found unfit and unsuitable to work with children.

“No matter where the children are, even if they are in another country, it is our duty to protect all children as they are all our responsibility.”

In explaining her decision not to imprison Malherbe, Joubert said, “He has 26 years’ experience in teaching and is currently living off his life savings. I do not see him as a high risk and he has also experienced a public shaming in the media and a fall from grace”.

Defence attorney, Mr Coert Jordaan said he would apply for leave to appeal the sentence and challenge the placing of Malherbe on the sexual offences register.

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Jordaan said the evidence against Malherbe was obtained via an illegal search warrant and the sentence was unconstitutional.

A police source close to the investigation said it was not an appropriate sentence, because Malherbe had worked with children and the court should have taken that also into consideration. “He should not have got less than five years’ imprisonment.”

NPA spokesman, Ms Monica Nyuswa said the sentencing came during Child Protection Week. “We hope this sends a strong message to would be offenders regarding child pornography.”