Fury as child-porn coach goes free

02 June 2010 - 00:11 By HARRIET MCLEA
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A Pretoria wrestling coach who pleaded guilty to possessing massive amounts of hardcore child pornography - and who has been labelled an "incurable" paedophile - walked out of court yesterday a free man.

Before handing down a five-year suspended sentence to 55-year-old journalist Dries van Heerden, Pretoria magistrate Peet Johnson refused to look at the graphic images involving children as young as one year old that were entered into evidence.

During the trial, Johnson told prosecutor Heinrich Scholz that he did not want to look at the pictures because "child pornography is child pornography".

Late yesterday, Thoko Majokweni, director of the National Prosecuting Authority's sexual offences and child abuse unit, slammed Johnson's "completely inappropriate sentence".

Van Heerden faced a maximum 10 years in jail.

Majokweni said Van Heerden was "literally getting away with it".

"What message is a sentence like this sending? That it is OK to keep pictures like that? It's a slap on the wrist," she fumed.

"It's high time that people realise that a child-porn picture is a record of abuse of that child. That is why we put legislation in place. It is an important piece of legislation to protect children."

Lizette Schoombie, director of child rights group Teddy Bear Clinic, vowed to take the matter further.

"I am absolutely appalled. This puts more children at risk. The system has raped the children," she said.

Van Heerden was arrested in May last year. He had sent his computer for repairs because its hard drive had failed. Data recovery technicians called the police after discovering hundreds of child pornography pictures stored on the machine.

The police's investigating officer, Warrant-Officer Tonja Louwrens, testified yesterday that she confiscated piles of child pornography, which filled 15 lever-arch files, from Van Heerden's home in the upmarket Pretoria suburb of Waterkloof.

The court heard that Van Heerden went to school sports meetings at which he took photographs of children.

Louwrens testified yesterday that, at the time of his arrest, Van Heerden had a stash of sweets and small change in his car.

During the trial, Scholz appealed to Johnson, saying the pornography seized at Van Heerden's home formed part of the crime scene. But, in response, Johnson said: "The court is not interested in the crime scene; the court is interested in the offence."

When Scholz tried to lead Louwrens's evidence on the photographs, Johnson said: "I do not see the relevance of discussing it."

Forensic psychologist Prof Gerard Labuschagne, commander of the police investigative psychology unit, who had interviewed Van Heerden, testified: "He does fulfil the criteria of a paedophile."

When asked if Van Heerden could be cured, Labuschagne answered "No".

Van Heerden, he said, had been "collecting, ongoing since the 1970s, child-abuse images and stories that were sexually arousing".

"If there is a sexual interest in children it is near impossible to prevent those feelings," he said.

"In my opinion, the following diagnosis can be made: paedophilia."

Louwrens said that though she interviewed a number of people whom Van Heerden had photographed as children, they had refused to lay charges against him.

Testifying in Van Heerden's defence, social worker Marriette Krynaux testified that he was not a threat to the community. She said the Tuks Wrestling Club, which has children as young as four as members, "wants him back".

Johnson asked Labuschagne "what danger" Van Heerden would pose to society. Labuschagne said it was likely that he would continue to seek child pornography.

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