Cape Town - Gender-based activists are calling on the Western Cape High Court to dismiss the bail appeal of a Kraaifontein man who was arrested for allegedly being part of an international child porn syndicate.
Corné van Rooyen, 40, lodged the appeal after his bid for freedom was denied by the Blue Downs Magistrate’s Court earlier this year, saying the magistrate erred when delivering the judgment.
Van Rooyen was arrested alongside Garth van West, 53, and Shannon Manuel, 32, following a joint operation by the SAPS and the US Department of Homeland Security in January.
At the time, national police spokesperson Athlenda Mathe said the trio from Worcester, Kraaifontein and Mitchells Plain were among seven South African suspects busted as the investigation was rolled out last year.
She said Van Rooyen was arrested on January 18, allegedly with more than 149 000 pictures of child pornography as well as more than 5 000 videos. He was also allegedly found in possession of two unlicensed firearms and various calibres of ammunition, as well as nine snakes, three of which he did not have a permit for.
In his appeal heard on Friday, Van Rooyen was represented by advocate Joseph Weeber, who listed various reasons why his client should be released.
Among his contentions was that the magistrate relied on the evidence submitted by the investigating officer, who claimed Van Rooyen should be denied bail due to the seriousness of the offence, the frequency of the offence, the endangerment of the community and that there was a flight risk.
“In absence of dealing specifically with such averments, the magistrate appeared to rely exclusively on the mere unsubstantiated speculation of the investigating officer,” he argued.
Weeber noted that he has no previous convictions, no pending cases and no warrants of arrest against him.
“The magistrate misdirected himself in failing to consider at all that the duration of the investigation will take at least six months and furthermore that matters of this nature are ordinarily eventually transferred to the regional courts, which have a serious backlog in the Western Cape.”
The application was vehemently opposed by the State, which said that on the day of his arrest, Van Rooyen allegedly claimed that police already had all the evidence.
State advocate Evadné Kortje said Van Rooyen “basically admitted his use of the Viber child porn platform”, saying: “You got all the evidence, what can I do?”
In her arguments, Kortje explained that during the arrest, Van Rooyen allegedly misled police when they asked about his gun.
“At the beginning of the search and seizure, the police wanted to secure the appellant’s licensed firearm. However, the appellant gave misleading information and went for the firearm that was hidden under the mattress on the bed.
“This compromised the safety of all the officers including his own and led to his hands being bound with cable ties.”
Kortje noted the seriousness of the charges, saying: “A collection of 149 000 images and 6 000 videos is not built overnight. This takes time and effort, which can be inferred from the various electronic devices seized at the appellant’s premises.
“The escalation of the appellant's sexual appetite for minors cannot be understated.”
Caroline Peters of the Callas Foundation said Van Rooyen should be kept in custody for the duration of the trial.
“The claims of him being a first-time offender are irrelevant; he has been caught now and for how long was he doing these things? We believe he is a flight risk as he can easily reach out to one of his co-perverts overseas and try to leave the country.
“The sexual grooming of children cannot be underestimated and the psychological effects of this. We have seen numerous cases of teen suicides because they thought they were talking to a child their age and may have shared an image.
“We also call on parents to pay close attention to their children’s cellphones. This is not about invading their privacy, this is about protecting them,” said the activist.