Sexual predator back in court
Marais then, in a fit of rage, shouted, "That is not what I said".
The cross examination of clinical psychologist, Dr Lorinda Brink Berg in the Marais sexual predator case took place on Friday, 5 October in the Roodepoort Magistrates’ Court.
In an addendum to the initial psychological report, Brink Berg suggested the different methods of rehabilitating sexual offenders. “The court has to take his age into consideration and the fact that he is a first-time offender suffering from depression and anxiety. He does not have substance- or alcohol-abuse issues and shows no signs of psychological and physical abuse towards his family. He has lost many clients at his father’s (IT) company due to the various articles in the Roodepoort Record. He denies being involved in these sexual acts,” Brink Berg said.
She recommended that Marais receives a warning since he was detained at the Krugersdorp Police Station “without a warrant of arrest”. Regional Magistrate Delise Smith then reminded Brink Berg that a warrant of detainment is the same as a warrant of arrest. Brink Berg also recommended a suspended sentence, as he would then serve time in prison, should he re-offend.
“Incarceration is not an option since he does not pose a danger to the community. He is a valuable asset to the community,” she said.
Brink Berg admitted that she did not read the victims’ statements when she compiled the report to suggest an appropriate sentence for Marais.
During the cross-examination, State Prosecutor Danette van Schalkwyk questioned Brink Berg’s CV in which she (Brink Berg) said she mostly works with sexual offenders after sentencing.
Also Read:
https://roodepoortrecord.co.za/2017/11/23/sexual-predator-found-guilty/
Brink Berg said the various tests she conducted showed that Marais did not fit the profile of a sexual offender. According to her, sexual offenders are antisocial and show paedophile behaviour. She later back-tracked and said one can be a sexual offender without displaying antisocial behaviour.
The State, however, countered her statement, saying that according to other experts, a sexual offender cannot be labelled or profiled. Brink Berg maintained that she is able to profile a sexual offender based on certain traits.
According to the State, the victims identified Marais as the person who exposed his penis and offered them money for oral sex. Brink Berg then said she did not know the facts of the case from the State’s perspective.
The State asked Brink Berg whether or not a person who needs sex so many times a day and goes home for ‘quickies’ does not have impulse control issues, to which she responded that one cannot say a person has issues with impulse control because he needs sex several times a day. The State then asked if it is normal for a person to go home every day for a ‘quickie’. Marais then, in a fit of rage, shouted, “That is not what I said”.
After a short break, Marais’ lawyer explained to the court why Marais was upset, and said he did not go home for sex every day.
The State requested Brink Berg to eliminate Marais from the equation for the next question. Van Schalkwyk asked, “Would it not be seen as antisocial behaviour for a person to expose his penis to young women and ask for oral sex”? Brink Berg replied in the affirmative, but said in the case of Marais she did not see it as such. After being asked the same question again, Brink Berg replied that it would not be regarded as antisocial behaviour if anyone did this, it would be abnormal behaviour.
The State asked how relevant the tests were since the acts took place in 2013 and Marais was tested by Brink Berg in 2018. They also questioned the fact that Marais was depressed and on anti-depressant medication, and how his medication would affect the results of the test. Brink Berg said Marais only went on the medication after her evaluation.
Brink Berg then corrected herself and said she did not know for a fact whether or not Marais was on any medication during the evaluation. She said antidepressants would not have affected the tests that she performed.
She said the personality test was done on the accused in his present frame of mind. The State asked if the personality test would still be accurate five years later, to which Brink Berg replied that a person’s personality cannot change within five years. She does, however, believe that a person’s behaviour can change.
The State questioned Brink Berg again on the antisocial behaviour of sexual offenders. Brink Berg said a small percentage of sexual offenders do not display antisocial behaviour, but just the fact that a person does not display antisocial behaviour does not mean that the person is not a sexual predator.
According to the State, Brink Berg said in her statement that Marais, to this day, has showed no remorse for his actions, as he believes that he is innocent. Brink Berg said it often happens that the court finds someone guilty but later evidence shows that the person is innocent.
The State then asked whether it would worry her if Marais was guilty but showed no remorse. Brink Berg said it would worry her, because Marais could then become a re-offender. The State rested and Magistrate Smith continued with the questioning.
She asked Brink Berg whether drug use is regarded as antisocial behaviour, to which Brink Berg replied that if drugs are used recreationally, it is not antisocial behaviour. She said Marais experimented with dagga, ecstasy and cocaine in high school. Brink Berg then admitted that it is regarded as antisocial behaviour if a high school learner uses drugs.
Bring Berg explained that Marais is not an impulsive person, and said, “Everything he does is planned. If Marais did go out and approach the young girls, he would have planned it; it would not have been done on impulse,” she said.
The case was postponed to 18 and 26 October for the State witness to be questioned. It is also believed that Marais will then take the stand.
Sentencing will take place on 3 December.
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