FORMER senior traffic officer, Dave Middleton, will have to spend the next two months behind bars before he appears again for trial in the Port Shepstone Regional Court.
Chief magistrate Johan Bester yesterday (Thursday) postponed the matter until October 6. The state’s case for a ‘trial within a trial’ has argued the admissibility of the photos for most of the week.
Since Tuesday this week, the mother of one of the children and investigating officer Lieutenant Mandla Cele from Margate FCS have taken the witness stand.
The mother, who was excused after she broke down crying when the topic of her first marriage was raised on Wednesday, took the stand yesterday (Thursday) and cross-examination by Middleton’s defence advocate, Jimmy Howse continued.
The court heard further details about how her ex-husband had cheated on her and how he was a ‘sex maniac’ who wanted to do ‘dreadful sexual things’ to her.
He had also been suspected of ‘inappropriate sexual allegations’ involving their daughter.
Advocate Howse pointed out that her ex-husband had never actually been prosecuted for any of the sexual allegations.
The mother replied that this was due to her not being able to attend the court case as she had lost several family members in a motorcar accident the evening prior, and the case was subsequently thrown out of court.
Advocate Howse later questioned her as to why her child had attended karate classes after she had discovered the photographs. The mother said her child wasn’t allowed to stay away from classes due to her higher belt level in karate.
Towards the end of the mother’s cross examination by Advocate Howse, he told her that she is an ‘unconscionable liar with only one goal in mind, to nail the accused at any cost’.
She responded by saying that she ‘doesn’t lie’ and that ‘she always has proof of what she says’. She was adamant that she was given permission to access Middleton’s phone.
“In my heart I know I am not a liar,” she said.
She then proceeded to tell the court how she had gone to a cellphone expert the previous evening who had shown her how Middleton’s phone operates.
She continued to demonstrate with her phone as to how it was that she saw the photos on Middleton’s cellphone when she slid it open. To catch up on the case, click here
