Tweni father pleads guilty to indecently assaulting daughter

Two years and four months after he was arrested and incarcerated for the crimes he committed against his 10-year-old daughter, a self-employed motor mechanic (46) from Umtentweni was sentenced to five years behind bars by senior magistrate Johann Bester in the Port Shepstone Magistrate’s Court on Monday this week.

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The man’s name will not be released in order to protect the identity of his daughter.

In an agreement between the man’s advocate, Dalene Barnard and state prosecutor Elize du Plessis, three of the six charges were withdrawn. The man pleaded guilty to the possession of child pornography, indecent assault and the creation of a video recording of the indecent assault at the time it was committed.

On the count of possession of child pornography, he was sentenced to five years’ imprisonment, suspended for five years.

He was handed a 10-year sentence for the indecent assault, of which five years is suspended for a period of five years on condition that he continues to submit himself – at his own cost – to therapeutic intervention for the full period of five years.

A two-year sentence was imposed for the creation of the video.

The sentences will run concurrently.

In defence, Advocate Barnard said her client was a first-time offender who had pleaded guilty, was extremely remorseful and had submitted himself to therapy under the supervision of clinical psychologist Augustine Emmanuel D’Ewes.

Magistrate Bester pointed out that the more repugnant the circumstances of a crime, the more it attracted public indignation and the component of retribution.

“The court should however never allow the outrage of society to become the final determining factor. His daughter is now an adult and has moved on with her life. The crime came to light when the man’s wife discovered the images and reported this to the police.

“His daughter was reluctant to become a witness, and harboured no hate towards her father. There is no doubt though that being reminded of something so awful which happened many years ago must have been very painful and embarrassing,” he said.

Magistrate Bester said it appeared the video recording made of the event and other child pornographic material found in the man’s possession were all used at some point for his own sexual gratification.

“There is no evidence though of an addiction to child pornography. The state has accepted that the images had been downloaded some 13 years ago and that he had put them away and not looked at them again. This is an important aspect, because if the accused is a paedophile, a sentence appropriate to such a condition should be imposed.”

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Magistrate Bester said the long period of awaiting trial was primarily due to there having been other charges, which the man had denied.

“He reportedly expressed remorse and a willingness at the outset to plead guilty to the current charges and wanted to save his daughter from the ordeal of having to testify and relive the trauma.”

He added that it must be borne in mind that even when a lengthy custodial sentence is imposed, the offender will at some stage still be released.

“Generally one can but hope that he would have learnt his lesson and will in future be suitably deterred from repeating the crime, but more often than not the offender will be a worse person when released from prison – hardened and more shrewd and devious. Therapy under supervision of an expert can go some way towards managing the behaviour of the offender.”

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