Chevon Booysen|Published
The sentencing of convicted sexual predator Iain Wares has been delayed due to his medical condition, with proceedings originally set for Wednesday morning at the Wynberg Regional Court.
The postponement comes amid a series of delays in the matter against the former Rondebosch Boys Primary teacher, who was accused and convicted in a historic sexual abuse case in which he violated a learner, who was 12 years old at the time of the offences, over three decades ago.
Wares, who was absent from Wednesday’s proceedings, was previously convicted by the same court, which found that the State had proven its case beyond a reasonable doubt, with the court accepting the victim ‘Stephen’ as a credible witness despite extensive cross-examination during the trial and repeated attempts by the defence to challenge his account.
On Wednesday, legal counsel for Wares, William Fullard, confirmed that he intended to consult with his client last week, but was informed that he was “not well”.
The court heard that Wares attended a hospital consultation, where he was diagnosed with shingles, and the consulting doctor issued a sick note confirming that his patient was in severe pain.
Fullard told the court, reading from the sick note, that Wares’s medication makes him feel “drowsy and unsteady” and effectively means that his client would not be able to follow court proceedings while receiving treatment.
“The doctor states in this certificate that due to the medication and treatment which he is currently receiving, it makes him feel drowsy and unsteady, and it will affect his mental process. I anticipate that he will need to continue (treatment) for one month. During this time, he will have difficulty participating in legal proceedings, which require his concentration,” Fullard read into the record.
The defence requested a two-week postponement for Wares’ medical condition to be monitored.
State prosecutor Rafeeqa Cornelius confirmed she had sight of the medical note, but noted that the sick note did not “technically” book Wares off for a month.
Cornelius proposed that a detailed sick note be issued, which sets out when Wares would be fit to follow proceedings.
“It is delaying the matter and we want the matter to be finalised as soon as possible,” said Cornelius.
Further to this, Cornelius said they had not received a psychologist’s report, which she expected to be furnished by July 7, as per the court’s directive.
Fullard said they had attempted to finalise the report last week, but said this could not be done due to Wares’ medical condition.
Wares remains out on his R10,000 extended bail after he was convicted.
The matter was postponed to July 21 for a “more definitive sick note” that could confirm when Wares would be available for proceedings to recommence.
A warrant of arrest was stood over to the next court date.
In its conviction ruling, the regional court rejected the defence’s version, pointing to contradictions, including Wares’ denial that he knew the complainant despite evidence that he had taught and coached him.
Advocacy group, Women & Men Against Child Abuse (WMACA), has urged the courts to “uphold the Department of Justice & Constitutional Development’s commitment to take these crimes seriously by removing Wares from society”.
“Wares bears no outward indications of the monster within; he gives the appearance of a benign, harmless elderly man,” the group said. However, he remains a danger to any child within his reach.
WMACA Founding Director, Miranda Jordan, said: “We are vehemently opposed to any sentence other than physical jail time for Mr Wares, still healthy and wholly unrepentant. Anything less would minimise his crimes and show survivors that South African justice doesn’t really care. It is the court’s duty to ensure this does not happen.”
Wares is also currently before the court fighting his extradition to the UK, where he faces charges relating to sexual and physical abuse of 65 boys, with an indictment listing 90 charges.
The alleged offences occurred in Scotland over a period of 11 to 12 years.
Cape Argus
