NPA SECURES THE HARSHEST SENTENCE AGAINST CHILD RAPIST AS COURT DECLARES HIM A DANGEROUS CRIMINAL

The National Prosecuting Authority (NPA) has secured one of the harshest sentences possible after the Western Cape Division of the High Court in Cape Town sentenced child rapist Leano Vergotine (42) to five life terms and 78 years’ direct imprisonment. The court also invoked the provisions of Section 286A of the Criminal Procedure Act, declaring him a dangerous criminal.

The effect of this declaration is that Vergotine has been sentenced to an indefinite period of imprisonment in terms of Section 286B of the Criminal Procedure Act. The court directed that he be brought back before it after the expiration of a period determined by the court. Handing down a sentence, Acting Judge Amanda Van Leeve emphasised that there can never be a time when the parole board can consider releasing the accused on parole. He will have to return to court for further judicial scrutiny.

This landmark sentence follows the dedicated work of State Advocate Rene Uys and Warrant Officer Van Rooi, who went beyond the call of duty to ensure that the sexual predator who preyed on children in Ceres was convicted and received a sentence befitting his heinous crimes.

Vergotine was convicted on charges including assault with intent to cause grievous bodily harm, assault, five counts of rape, multiple counts related to child pornography (creation and use of child pornography), and sexual grooming of children. He was sentenced to five life sentences and 78 years’ imprisonment, with the court ordering the sentences to run concurrently. His name has also been entered into the National Register of Sexual Offenders.

The state led evidence that the accused attacked minors, both boys and girls, at different times in Ceres. He brutally assaulted them and raped them, while also making videos of their private parts and of the rapes themselves.

Advocate Uys submitted that the State witnesses were credible, giving uncomplicated, chronological, and honest accounts. There were no inherent improbabilities in their evidence, nor did they exaggerate their versions. The evidence overwhelmingly proved the accused’s guilt beyond a reasonable doubt on all counts.

To fully illustrate the accused’s cruelty, the State called Captain Shaun van der Heever, Section Commander of the Investigative Psychology Section in the Western Cape, a Forensic Profiler and Behavioural Advisor. Captain van der Heever concluded in his report that Vergotine is a sexual predator who had refined his ability to exploit minor victims for his sexual gratification. He groomed and manipulated the victims to gain their trust and recorded his crimes to relive his fantasies.

At the time of these offences, Vergotine was on parole after serving a sentence of 15 years’ imprisonment for the rape of a minor boy in 2009. He committed these new crimes within six months of his release. He has a long criminal history dating back to 1998 (when he was still a minor), with 16 previous convictions for offences including housebreaking with intent to steal and theft, indecent assault, escaping from custody (three times), illegal possession of a firearm and ammunition, robbery, malicious injury to property, and rape.

In the argument on the sentence, Adv Uys highlighted that Vergotine not only raped the complainants but also recorded himself doing so. “This is what distinguishes this accused from other rapists,” she said. “He created a permanent digital footprint, and we do not know where or when the victims will be confronted with these videos in their lifetime. The creation, possession, and distribution of child pornography is a technological nightmare that can only be curbed if the courts sentence people like the accused properly.”

Acting Judge Van Leeve noted that declaring the accused a dangerous criminal was necessary because he had not been adequately monitored (if at all) while on parole previously. She found no substantial and compelling circumstances to deviate from the prescribed minimum sentences.

Acting Western Cape Director of Public Prosecutions, Adv Adrian Mopp, applauded the cooperation between the police and the prosecution team, which resulted in a conviction and sentence that will keep this danger to women, children, and society behind bars for many years. This outcome is particularly significant as the country concludes Child Protection Week.

“The NPA remains committed to working tirelessly to protect the rights of the most vulnerable in our society,” Adv Mopp said. “In this matter, we will work with our criminal justice partners to ensure that the victims receive the support they need to cope with their ordeal. These children did not deserve such harm at the hands of an adult who was meant to love and protect them. The court, with the assistance of the NPA and police, has once again affirmed that such conduct is unacceptable.”

Issued by:

Eric Ntabazalila

Regional Communications Manager

Western Cape