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Pretoria - Afrikaans singer Jurie Els, who is accused of sexually molesting fellow singer Robbie Klay for years, has been granted access to Klay's diaries and computer he used to prepare a news statement.
High Court in Pretoria Acting Judge Willie van Zyl also gave Els access to a police computer used to compile Klay's statement to the investigating officer.
The access would be limited to relevant information and would have to take place under supervision of the prosecutor.
Prosecutor Corlie Bouwer said the State would not use Klay's diaries in the trial.
It had no objection to Els getting access to the diaries, which Klay had used to refresh his memory about the events when he was a boy.
Indecent acts
Els is to go on trial on Monday next week on three charges of indecently assaulting and soliciting Klay, now 23, to commit indecent acts while he was under the age of 16.
Els allegedly sexually molested and sodomised Klay for years at various places in the country, and allegedly manipulated Klay to take part in these actions.
Van Zyl refused Els' request for specifics about what had happened when and where, as well as any other statements or documents in the State's possession which did not form part of the police dossier.
This was because the State was not in possession of further statements and documents and was unable to provide specifics about exactly when what had happened and where.
Van Zyl quoted from previous judgments which confirmed an accused person's right to all relevant information in the State's possession.
However, he also underlined the State's interest in encouraging and not hampering the victims of child rape and sexual abuse to bring to light what had happened to them.
It was important to see to it that the accused had enough particulars in order to defend himself properly. Van Zyl agreed with Bouwer's argument that more was at stake than just the interests of the accused.
In this case, the interest of society was at play, particularly the interest of young children, the judge said.
High Court in Pretoria Acting Judge Willie van Zyl also gave Els access to a police computer used to compile Klay's statement to the investigating officer.
The access would be limited to relevant information and would have to take place under supervision of the prosecutor.
Prosecutor Corlie Bouwer said the State would not use Klay's diaries in the trial.
It had no objection to Els getting access to the diaries, which Klay had used to refresh his memory about the events when he was a boy.
Indecent acts
Els is to go on trial on Monday next week on three charges of indecently assaulting and soliciting Klay, now 23, to commit indecent acts while he was under the age of 16.
Els allegedly sexually molested and sodomised Klay for years at various places in the country, and allegedly manipulated Klay to take part in these actions.
Van Zyl refused Els' request for specifics about what had happened when and where, as well as any other statements or documents in the State's possession which did not form part of the police dossier.
This was because the State was not in possession of further statements and documents and was unable to provide specifics about exactly when what had happened and where.
Van Zyl quoted from previous judgments which confirmed an accused person's right to all relevant information in the State's possession.
However, he also underlined the State's interest in encouraging and not hampering the victims of child rape and sexual abuse to bring to light what had happened to them.
It was important to see to it that the accused had enough particulars in order to defend himself properly. Van Zyl agreed with Bouwer's argument that more was at stake than just the interests of the accused.
In this case, the interest of society was at play, particularly the interest of young children, the judge said.
