After seven months of sexual assault and rape convicted former school counsellor Darren Goddard’s being out on bail, pending sentencing, the parents of the nine victims and concerned community members have started an online petition to express their opinion that he should not be out on bail.

Goddard was found guilty of seven out of 15 counts relating to the sexual assault and rape of minors, as well as being in possession of child pornography, while employed as a school counsellor at a school in Pietermaritzburg between 2012 and June 2016.

Although convicted in March, Goddard has been out on bail, with multiple delays to set a date for sentencing procedures, which was set for January 2023 at the last court date on September 27.

Martin Pelders, who is the founder of MatrixMen, a non-profit organisation that supports male survivors, started the petition after following the case closely for the past six years.

The petition has currently garnered over 11 000 signatures. Pelders, along with the parents of the victims, are dissatisfied at the slow pace at which the wheels of justice are turning for the victims.

“There is so much wrong with having a convicted rapist roaming our streets. Children should be protected by the state,” he said.

“We understood the first time [the sentencing was delayed] due to an issue with the documents, but the other two times? How much longer will it take for the children and the families to receive justice?” questioned Pelders.

A mother of one of the nine victims said the delays in sentencing have affected her son’s ability to move forward with his life.

Despite relocating from Pietermaritzburg to help her son heal and get a fresh start at life, she said every time they are out, he is affected by the slightest trigger.

“If in public he sees someone who slightly resembles [Goddard] he is triggered. No matter how far away we go, he does not feel safe as long as Goddard is not behind bars,” she said.

“It feels like this nightmare is never going to end. Almost seven years later, despite being convicted, [Goddard] still faces no consequences for his actions,” the mother said.

She said having Goddard convicted but allowing him to continue on bail is not setting a good example for future victims to come forward and report abuse.

“Throughout the trial, my son always believed the truth will always win, but knowing Goddard is still not behind bars feels like a defeat. As a parent, I encouraged my son to face the court and even endure the defence’s scrutiny, and now for what if Goddard is still out?”

She said the almost year-long delay in setting Goddard’s jail sentence has affected her family’s ability to get closure and try to pick up the pieces and move on.

“The judgement ruled he is guilty, and that is the best thing ever, but the fact that he is still not facing the consequences is not doing any good for my family, especially my son.

“All I want is for my son to wake up on Christmas morning and just be able to relax — that’s what has been taken away from him for the past seven years,” the mother added.

Another parent wonders whether justice will be served due to the continual delays.

“We would like to state that in March he was found guilty, and [seven months later] he is still not sentenced, and at the same time he’s allowed to be a free man for almost a year, awaiting sentencing. I want to speak for all the families who have waited years with this ongoing trial. We think it’s about time for him to actually be sentenced and put away, so that we can put this all behind us and get on with our lives.

“I think most of us have given up because this has gone on for so long and we are losing hope at ever seeing an end. We will be happy and relieved once he’s behind bars for what he’s done. The families need that closure to get on with their lives.”

Meanwhile, the director of Public Prosecutions in KZN, advocate Elaine Zungu, said the delays in the sentencing proceedings were intrinsic delays for which the prosecution cannot be blamed.

She said the judgement, delivered on March 17 and 18, was an extempore (spoken) judgment.

Goddard was convicted and the case was adjourned for three reasons:

1. The judge wanted her judgment to be transcribed so that she could check and incorporate the authorities she referred to in her judgment.
2. The defence wanted a copy of the judgment so that they could study her findings.
3 The defence further wanted to obtain pre-sentence reports, which required the transcription of the judgment.

“After Goddard’s conviction, the judge informed the parties that she will extend his bail. The case was accordingly adjourned on several occasions for the judgment to be transcribed and the judge to incorporate the authorities she cited in her judgment.

“The case was adjourned for sentencing to the week of August 18 to 22. The state/prosecution was ready to commence with the sentencing proceeding but the defence was not ready. The judgment was also not yet made available to the defence. The case was adjourned again for the transcribed judgment to a holding date of August 4.”

“On August 4 the case was adjourned for the same reason mentioned above to a further holding date of September 15. The registrar gave the transcribed judgment to the defence during September.

“The defence indicated that they reserved their right to obtain pre-sentencing reports. The only available date to all parties is the week of January 23 to 27. The case was accordingly adjourned to those dates.

“The delays in the sentencing proceedings are intrinsic delays for which the prosecution cannot be blamed. Goddard is entitled to the transcribed record, which he had to give to his expert witnesses so that they can determine the court’s factual findings.

“The judgment consists of approximately 190 pages. Bail after conviction falls within the courts discretion. The court indicated to the parties that she will extend his bail. Up to his conviction, Goddard complied with all his bail conditions. There is no evidence or information that he might abscond,” Zungu explained.

Goddard’s legal representative emphasised that Goddard’s meticulous attendance and behaviour throughout the trial had led to Goddard’s bail being extended.

“The decision whether to revoke the accused’s bail was deliberated on by the learned judge. Despite the state’s contention that [Goddard’s] bail should be revoked, the court was of the view that there was no reason for that to take place until the formal sentence is handed down.

The reason for the court’s decision was because of the accused’s meticulous attendance and behaviour throughout the trial, both in person and online court during the Covid-19 pandemic.

“He has not once displayed any signs of hostility and has obeyed every single directive he received from the court since the inception of the trial. The discretion of his bail conditions being extended vested solely with the learned judge and it was exercised fairly and in favour of the accused.

“I support the decision of the court. In fact, having regard to what the learned judge said, there was no further need for the deliberation of bail conditions by my client’s counsel, advocate Shane Matthews,” said Nessi Chetty, Goddard’s instructing attorney.

The case is set down for sentencing for the period of January 23 to 27, 2023.