Pastor’s rape trial drags on
The trial of former pastor Joe Diergaardt will continue again on Thursday, 24 November, before magistrate Ingrid Unengu, who will set a new date to hear the accused's plea and the State's accusations.
The former spiritual leader of the Rhenish Evangelical Lutheran Church in Khomasdal stands accused of raping four minor boys.
The victims were all under the age of 14, and one was as young as 10.
One of the charges in the indictment stemmed from an alleged incident in 2010 and another from July 2019.
The latest continuation of the trial follows after the State could not proceed with the case on Wednesday, 16 November. The public prosecutor was not available and no witness was summoned to be present in court.
Violation of rights
Diergaardt’s lawyer Garth Joseph of Neves Legal Practitioners said it is a violation of his client's rights that the State has not been able to proceed with the case thus far.
“This is the second year the accused has faced this charge and it is doing damage, including defamation and the dismantling of his career. He had to resign his post," he said.
Diergaardt's right to a speedy trial is being violated, according to the lawyer.
"The accused has rights and is innocent until proven guilty. Meanwhile, the newspapers portray him as a torturer, as a rapist, some sort of 'Jack the Ripper'. We ask the court to rule that the State must get its house in order," he said.
Final adjournment
The prosecutor-general decided in October 2021 that Diergaardt should be prosecuted in court and according to Unengu, there was no acceptable reason why the case did not continue last week.
She confirmed Diergaardt’s constitutional right to a speedy trial, but added that the seriousness of the complaint cannot be ignored.
"This is the final adjournment," she told the State, and warned that the case could be struck from the court roll if the State is not prepared by this week.
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The former spiritual leader of the Rhenish Evangelical Lutheran Church in Khomasdal stands accused of raping four minor boys.
The victims were all under the age of 14, and one was as young as 10.
One of the charges in the indictment stemmed from an alleged incident in 2010 and another from July 2019.
The latest continuation of the trial follows after the State could not proceed with the case on Wednesday, 16 November. The public prosecutor was not available and no witness was summoned to be present in court.
Violation of rights
Diergaardt’s lawyer Garth Joseph of Neves Legal Practitioners said it is a violation of his client's rights that the State has not been able to proceed with the case thus far.
“This is the second year the accused has faced this charge and it is doing damage, including defamation and the dismantling of his career. He had to resign his post," he said.
Diergaardt's right to a speedy trial is being violated, according to the lawyer.
"The accused has rights and is innocent until proven guilty. Meanwhile, the newspapers portray him as a torturer, as a rapist, some sort of 'Jack the Ripper'. We ask the court to rule that the State must get its house in order," he said.
Final adjournment
The prosecutor-general decided in October 2021 that Diergaardt should be prosecuted in court and according to Unengu, there was no acceptable reason why the case did not continue last week.
She confirmed Diergaardt’s constitutional right to a speedy trial, but added that the seriousness of the complaint cannot be ignored.
"This is the final adjournment," she told the State, and warned that the case could be struck from the court roll if the State is not prepared by this week.
[email protected]
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