PLETTENBERG BAY NEWS - A Plettenberg Bay mother is determined to get justice for her six-year-old boy who was allegedly sexually abused at the hands of a handyman at a popular local preschool.
This after the case against the 34-year-old accused was withdrawn in the Plettenberg Bay Magistrate’s Court last week.
The boy claims that the handyman sexually assaulted him on several occasions in the school’s bathroom, between April and May this year. The man was arrested on June 8 and after several postponements the matter was withdrawn after state prosecutor Henriette Breedt informed the court that, after consultation with the child, the regional court found there was no possibility of a successful prosecution.
The boy and his family were in Germany at the time of the last court appearance, but when they returned on Monday, August 11 his mother began her journey in search of justice.
She also feels that the process followed until the case was withdrawn had been flawed. “He had to tell his story to 11 people, including police, psychologists and social workers before the final consultation with prosecutor Gerda Marx in Knysna.”
She added that the final consultation, in an “intimidating” office at the Knysna Magistrate’s Court, had been a last-minute meeting. “This set-up wasn’t child-friendly and my child just closed up. He told her what had happened, but he was traumatised and overwhelmed afterwards.”
She said after the meeting she was told to contact police to set up a further appointment with a psychologist and to prepare for court.
“The first we heard about the case being withdrawn was from Plett residents while we were in Germany last week with family. So, needless to say, we were shocked. I don’t even know if those who made the decision had seen the reports compiled by the social workers and psychologists who had seen my son.”
She said since her return she had started scheduling appointments with several role-players which would include the investigating officer as well as Marx in an attempt to find answers. She would also be obtaining legal advice on how to proceed.
“The justice system has failed my child and I’m not letting it go. I can see how this has changed him and it breaks my heart.”
World-renowned women and children’s rights activist Lesley Ann Foster agreed with the boy’s mother that the justice system had failed them.
“This was not a decision a prosecutor should be making. The matter should have been taken to trial and a judge or magistrate should have made the call. We also need consultations like this to be in camera and with a social worker, not with a prosecutor,” Foster said.
She added that one of the mother’s options now was a private prosecution.
Under the Criminal Procedure Act, any private person may launch a prosecution if the National Prosecuting Authority declines to prosecute or halts a prosecution and issues a certificate of nolle prosequi (we shall no longer prosecute). The prosecution would then be initiated by summons.
The private prosecutor must provide security for the costs of the prosecution.
Click here to read previous articles:
- Sexual assault case withdrawn
- Sexual assault & child murder case in court
- Update: Allegeded sex predator at preschool
- Alleged sex predator at Plett preschool
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ARTICLE: YOLANDé STANDER, KNYSNA-PLETT HERALD CORRESPONDENT
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