‘Money used for daily expenses’: Child pornography accused denies he obtained R647k in cash unlawfully

Darren Wilken, the man accused of selling child pornography, has denied obtaining the substantial amount of cash discovered at his residence through unlawful means.

Wilken, along with his 25-year-old girlfriend Tiona Moodley, appeared in the Randburg Magistrate’s Court in Gauteng on Monday for their bail applications.

The duo faces charges of manufacturing and distributing child sexual abuse material, as well as money laundering, following the discovery of more than 10 million images and videos at their residence in Midrand.

Wilken also faces additional charges, including contravening the Drug Trafficking Act, possession of stolen property, acquisition and use of proceeds from unlawful activities, and fraud.

Bail application in child pornography case

During a prior court appearance last week, the defence contested the state’s opposition to bail under a Schedule 5 offence.

This classification requires the accused to demonstrate that granting bail would serve the interests of justice.

The defence argued that the money laundering charges did not warrant a Schedule 5 classification, insisting the case should fall under Schedule 1, where bail is typically granted unless compelling reasons exist to deny it.

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However, prosecutor Colleen Ryan informed the court on Monday that the state had secured a certificate from the Deputy Director of Public Prosecutions (DPP), confirming the Schedule 5 classification of the charges.

With this clarification, the magistrate moved forward with the bail applications.

Accused to plead not guilty to child pornography charges

Wilken’s affidavit, presented by Advocate Cronje Kriel, detailed his background and financial situation.

A former estate agent and sales representative, the accused stated he currently operates an e-learning and online training business, earning him approximately R50 000 per month.

“I do not have any other source of income,” the affidavit reads.

Wilken, who emphasised his lifelong residence in South Africa and lack of international ties, offered to pay bail of R5 000 or any reasonable amount determined by the court.

“His family had indicated that should your worship consider a high amount, they would assist in payment of the bail,” Kriel said.

READ MORE: Child pornography accused couple kicked out after arrest, bail unable to proceed

Regarding the alleged R647 300 in cash found at his Midrand home during his arrest, Wilken denied any unlawful activity.

“I deny that the funds were obtained unlawfully or that I committed a crime of money laundering. The cash that was found in my house was withdrawn from my own account and consists of payments made into my account from the websites.”

He also claimed that R125 000 of the cash was contributed by Moodley’s mother from the sale of her car.

“We utilise this money for daily expenses and would have used the bulk as a deposit for property we were interested in purchasing in Midrand.”

The accused insisted he would plead not guilty to all charges during trial.

“I deny all of the allegations levelled against me,” he stated.

‘I do not wish to evade my trial’

Wilken also highlighted his clean criminal record and argued that his release would not pose a danger to the public.

“My release on bail will not endanger any person’s safety. I habour no resentment against any particular individual or the public in general.

“I respectfully submit that this likelihood doesn’t exist in view of my personal profile. I do not wish to evade my trial and live the life of a fugitive.”

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He added that further detention would prejudice his ability to prepare for the trial.

“Criminal trials can take up a considerable period of time before it is finalised. Should I be detained and refuse bail, I would be prejudiced in the preparation of my defence.

“It is extremely difficult to consult with a legal representative inside prison and have no doubt that my continued detention will seriously jeopardise my preparation for the trial.”

Moodley’s affidavit

Moodley’s affidavit, presented by Attorney Dian Oosthuizen, described her financial dependence on Wilken following her resignation from her job.

She stated that she could afford bail of R5 000, with assistance from friends and family.

“My family and friends will support me financially and emotionally during the proceedings in this matter,” Moodley said.

She emphasised her lack of previous convictions or pending cases.

“I will stand my trial with a view to clear my name of any alleged wrongdoing. Despite the public media attention, I respectfully submit that I have not received threats nor do I believe I will receive any meaningful threats in the future.”

Moodley also noted her cooperation with law enforcement since Wilken’s arrest.

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