New trial for child porn accused in Kimberley court

THE TRIAL of Roelof du Toit - a former Barkly West music teacher who was charged with compelling children to perform sexual acts on each other and being in possession of, manufacturing and distributing child pornography - will start afresh in the Kimberley Magistrate’s Court next month.

A postponement was granted in the Kimberley Magistrate’s Court yesterday to allow the defence to obtain its own expert “to clarify the information”.

State prosecutor Rodney Makhaga said yesterday that the docket also needed to be transferred from the Galeshewe Magistrate’s Court to the Kimberley Magistrate’s Court, where the matter had been remanded for trial.

He indicated that the State would not be opposing the request from the defence to allow its expert to testify, as the matter was of a “technical nature”.

He pointed out that the prosecution wanted to finalise the case as a matter of urgency -- as it was a “very old matter”.

Pornographic material - including 307 videos, 861 images and 861 image files of children - was traced to the accused and was apparently among material that was distributed to a network of more than 40 people linked to child pornography in America.

The images and videos were uncovered by an American police agent who posed as a 15-year-old and started corresponding with the accused via e-mail.

It is believed that the alleged offences took place between 2012 and 2014 in the Delportshoop area.

Arrested

Du Toit was arrested in 2014. He was at the time living with a 12-year-old homeless child at his residence in New Park, Kimberley.

The case was scrapped from the roll in 2016 and placed back on the roll in April this year, where Du Toit pleaded guilty to nine charges.

Du Toit was found guilty on two charges of compelled rape involving two boys, four counts of using children to perform sexual acts on each other as well as distributing child pornography.

Sentencing was supposed to have been handed down in May this year but Du Toit was released on bail after he changed his plea from guilty to not guilty on the basis that the evidence against him was obtained in an irregular manner.

During the proceedings the accused also changed legal representatives five times, which resulted in the matter being postponed on several occasions.

He is currently being represented by advocate Markus Mafaro.