The South Gauteng High Court on Monday denied an application for a further postponement of the presentence proceedings of Kempton Park model agency boss Dawie de Villiers.
“The court cannot find any justification for further postponement of the matter for obtaining the transcript,” Judge Cassim Moosa said during proceedings.
The founder of Modelling South Africa (PTY) was in February found guilty of rape, sexual assault, sexual grooming, fraud, exposure of pornography to children and access to child pornography.
Moosa said the court allowed a postponement in February to allow the defence to obtain the transcript in order for presentencing to proceed, and it was clear that it was taking too long and would prevent the trial from reaching an end.
Earlier, the transcript practitioner told the court that she tried her best but had been unable to track down the remaining evidence that was given by de Villiers during the trial.
She said that CDs of the trial were being cut on a daily basis, and she would request them urgently.
State prosecutor Arveena Persad argued that it was not in the interests of justice to allow De Villiers to continue to be out on bail, despite being found guilty of rape.
She said the outstanding parts of the transcript were only required for sentence appeal which shouldn’t be made the problem of the state.
“It is on record that the accused was recording the proceedings,” Persad told the court.
“There’s no mitigating arguments in his evidence.”
Defence advocate Riaan Greyling said the evidence that was recorded by de Villiers during the trial was incomplete and that de Villiers was not satisfied with the judgement.
“He [de Villiers] has the constitutional right to appeal and he has the right to fight whatever the sentence is.”
Judge Moosa said de Villiers’s previous counsel had made notes and they should be contacted for them.
Greyling told the court that de Villiers was not sure if he would be able to obtain the records from the previous counsel because he had requested their notes and was told they did not have them anymore.
Judge Moosa ordered the state and defence to organise any witnesses that will be required for presentencing to proceed at the next court appearance.
The matter was postponed to September 12 for the presentence proceedings.
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