Durban — A taxi driver living within the jurisdiction of the Pinetown Magistrate’s Court who was charged with two counts in relation to child pornography and the alleged sexual grooming of an 11-year-old girl was granted R3 000 bail on Friday.
The 44-year-old man was arrested on July 24. It is alleged that in the period between April 12 and July 16, the accused had sexual conversations with the 11-year-old victim.
These were alleged with the intention to persuade the child or to diminish or reduce any resistance or unwillingness by the child to perform a sexual act with the accused by stating he “wanted to have a child with the victim”.
The accused is alleged to have exposed the child to pornography in a manner that violated the sexual integrity and dignity of the child by sending photos of his genitals while the complainant could not consent in law.
The accused is also charged with the exposure or display of, or causing exposure or display of, child pornography or pornography to children.
It is alleged that between June and July, he unlawfully and intentionally caused the child to be exposed to pornography by showing her a photo of his private parts.
He made his first appearance in court on July 26 where the charges levelled against him by the State were explained to him, as well as his legal rights. He elected to apply for Legal Aid.
The matter was then adjourned to Friday, for the man’s formal bail bid. The State at the time indicated that it would not be opposing his bail application.
The investigating officer in the matter, Sanelisiwe Miya, with the provincial Family Violence, Child Protection and Sexual Offences (FCS) unit, in her bail affidavit handed in to court, said the complainant and the accused knew each other.
“The accused was a school transport driver and he had been sending sexual conversations to the victim whom he had been transporting to school.
“The victim alleges that the accused proposed love and sent her (pictures) of his private parts. Further both the victim and accused participated in sexual conversation (the victim statement is filed).”
The officer said she was also not opposed to the accused being released on bail on condition that he not contact the victim, not go into the residential area of the victim and sign in once a week at his nearest police station.
“The accused does not have any previous or pending cases against him. He is not a flight risk, he is co-operative. The accused is remorseful and takes full responsibility. The accused has decided to leave the job of transporting children.”
The case was adjourned to September for a cybercrime report as the accused’s cellphone has been taken in for analysis.
This will be after the accused’s 45th birthday, which is at the end of this month. He has been in the taxi driving sector for three years.
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Daily News