Daughter to testify via CCTV after collapsing twice in father's rape trial

A 23-YEAR-OLD woman who had initially wanted to “face her father” in open court while accusing him of sexual abuse and rape during her childhood, will now be allowed to testify via closed-circuit television (CCTV).

The State brought the application after the complainant collapsed twice during cross-examination last week in the Kimberley Magistrate’s Court.

The accused is facing seven charges for acts allegedly committed between 2002 and 2017 at Rooifontein Farm, as well as in Orania and Cape Town. The victim was reportedly under the age of 16 at the time of the alleged incidents.

The defence opposed the application. Advocate Johan van Niekerk, representing the accused, argued that the complainant had opted to continue testifying in open court after her first collapse.

“Testifying via CCTV should not make any difference to her levels of anxiety,” he said. “No medical evidence was placed before the court regarding the improbable collapses. The State had an opportunity to consult an expert and provide a report to motivate the likelihood of prejudice or harm.”

He also requested access to the complainant’s 109 hospital files, as well as the patient files compiled by psychologist Allison Burns.

State advocate Jacques Rosenberg argued that the court had the discretion to grant the application, especially after the witness lost consciousness when she collapsed during proceedings.

He noted that the complainant had chosen to testify in open court to confront her father and was still willing to do so if the application was denied.

However, Magistrate De Villiers acknowledged that the witness became so distressed that proceedings could not continue.

“She was unable to recall what had happened during the episode. She also suffers from a heart condition and was diagnosed with post-traumatic stress disorder. This highlights how fragile her condition is, and further stress could jeopardise her health and compromise her well-being,” said De Villiers

She added that testifying via CCTV would still allow the accused to observe the complainant and her reactions, while sparing the witness the trauma of having to testify in her father’s physical presence.

The matter was postponed to October 27.