The court proceeding involving a couple from Midrand, who stand accused of dealing in and distributing in child pornography, has been postponed once more, as the defence pushes for their bail application to be heard on Friday. Darren Wilken and his girlfriend Tiona Moodley appear at the Randburg magistrate court on Monday. Picture: Itumeleng English/ Independent Newspapers
The Randburg Magistrates Court has granted the defence’s request for the postponement of bail proceedings in the case of former estate agent Darryn Wilken and his girlfriend Tiona Moodley to Friday February 7.
Wilken and Moodley were arrested last month after authorities found more than 10 million sexually explicit images and videos involving minors in their possession.
The state in a bid to bolster its case of money laundering against the accused has indicated that Wilken faces at least 24 counts of money laundering, a schedule 5 offence that carries a minimum sentence of 15 years per count.
The National Prosecuting Authority (NPA) also revealed how Wilken received more than R2.5 million million through deposits made into his bank accounts in just one year.
Last week, IOL reported that the State was adamant that it has enough evidence to strengthen its money laundering charges against Wilken.
State Prosecutor, Colleen Ryan, said the State intends to charge Wilken on 24 counts of money laundering following a series of transactions reflected in his bank accounts.
National Prosecuting Authority (NPA) spokesperson Phindi Mjonodwane said the State intends to proceed with the charges under Schedule Five offences.
“Money laundering falls within offences of Schedule Five. So, as the State, we insist that the bail hearing be conducted under Schedule Five because of the money laundering charges. The significance of this is that, under Schedule Five, the burden is on the accused to prove that their release on bail is in the interest of justice,” Mjonodwane said.
While Wilken’s bail affidavit was being read out in court, the former estate agent told the court that he earns R50,000 a month from an online business he runs.
He indicated that he can only afford bail of R5,000 and intends to plead not guilty to all the charges against him while Moodley, in her bail affidavit, said she is unemployed and relies on Wilken for financial support.
She too indicated to the court that she can only afford R5,000 bail.
Both accused face multiple charges, including possession, creation and distribution of child pornography, contravention of the Drug Trafficking Act, multiple counts of money laundering, acquisition and possession of proceeds from unlawful activities, possession of stolen property and fraud.
Mjonondwane said the arrests emanated from information that was shared by international law enforcement with the SAPS after they had identified a target located in South Africa.
“The state alleges that the accused were found in possession of a substantial amount of cash believed to be proceeds from the illicit activities.
“Moodley’s electronic devices were also seized, and it is alleged that there was an attempt by her to destroy evidence relating to their conducting of the business shortly after Wilken was arrested, in a ploy to minimise her role in the business.
“Senior State Advocate Colleen Ryan opposed bail during the proceedings. The defence requested a postponement to prepare a response to the state's affidavit which was compiled by the Investigating Officer,” the NPA said.
siyabonga.sithole@inl.co.za
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