Closing arguments in the trial of the sexual predator, Claude Marais, were heard in the Roodepoort Magistrate’s Court on Monday, 3 December.
Due to the poor audio in the courtroom, this report consists only of extracts from the closing statements.
The State referred to the Victim Impact Report that was handed in and read a short statement from the first victim.
“I still think about the incident. I can’t help replaying the incident in my head. For a long time I still became nervous when a car stops next to me. I still hear his voice and see his face in my head.”
The Defence’s closing statement referred back to Dr Lorinda Brink Berg’s full clinical psychologist’s report and said the State had called Dr Shaheeda Omar, who had not evaluated Marais, to testify and that what was heard in court was said in general, i.e. without specific reference to Marais. The Defence said Marais is currently employed and comes from a close-knit family where he has a positive support system and is loved by his family. Marais is married, and two children have been born out of the marriage.
Also Read:
https://www.citizen.co.za/roodepoort-record/2017/11/23/sexual-predator-found-guilty/
Marais’ family supported him throughout the case. He and his wife have a very open relationship and communicate well. While Marais was incarcerated for 66 days, the media exposed him to the ultimate. He is a hard worker and places the needs of others before his own. He is also a hands-on father, but he now uses antidepressants.
The Defence referred to Brink Berg’s report again and said Marais does not exhibit anti-social behaviour and does not pose a danger to children.
Mitigating circumstances include:
* That he is a first-time offender
* He has served more than two months in jail
* His trial procedures were exposed by the media
* Case has been ongoing for five years
* The Roodepoort Record and other media attended each court appearance
* Every time, after each court appearance, the Roodepoort Record published his photo and his name and he was portrayed as a sexual predator.
Regional Magistrate Delise Smith interjected and asked the Defence how the Record’s presence and publication of its reports constituted mitigating circumstances. The Defence argued that how Marais was portrayed by the media is a punishment in itself. Delize said she is not interested in what was said in the newspapers and that she is familiar with how newspapers work. “I myself have been a victim. I do not want to hear about it,” she said.
The Defence, however, said the things that were said in the newspaper and on social media affected his real life and shattered his reputation to such an extent that the complex where they lived sent out notices warning everyone about him, advising them to protect their children. Marais was not allowed near the school where his wife works.
Read more:
https://www.citizen.co.za/roodepoort-record/2018/06/20/psychological-report-of-marais-heard-in-court/
The Defence said although this is a serious offence, it is not as bad as, for example, a serial rapist or child trafficking, since he made propositions, many declined and he simply moved away. He did not use any violence.
The State closed by saying that Marais was found guilty of a serious offence which is not to be taken lightly. The Defence’s argument that Marais did not commit any further offences is, according to the State, invalid. The question remains: What would have happened in the future? The reason the State called Omar to testify was to give the court a general notion with reference to sexual offenders.
Marais showed no remorse for his offences, according to the State, who then asked what rehabilitation could take place if there is no remorse. The court has limited options when it comes to sentencing.
Sentencing will take place on 18 January.
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