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‘ REPUBLIC OF SOUTH AFRICA
' IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
Case Number: $S50/2023
() REPORTABLE: ee (
(2) OF INTEREST TP'D keh ;
@) ‘ ViISED: NO Fl
on\\oos i
DATE SIGNANJRE
In the matter between:
’
THE STATE
and
HABIB, ADAM QASIM LUCAS ACCUSED
Oo
JUDGEMENT (
Coertse CJ AJ
Before | start to read my judgment, | order that in the event of this
judgment be reported in any media of whatever sort such as SAFLII
; oF any media whatever, that the name of the complainant and her
parents be protected and not to be published at all. In this judgment,
| will refer to the complainant and not to her name and to her mother,
who gave evidence, as complainant’s mother and not to her
surname.
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Next point: notes to the typists: | have prepared a typewritten
judgment which | will immediately hereafter forward to the State and
the Defence and will request my registrar to forward it to the typists
and the library for processing. In light of this I will not give
instructions to the typist where certain portions are for instance
highlighted — it can be seen in My typewritten judgment.
INTRODUCTION
1. The accused stands trial on
1.1. Count 1: human trafficking to which he pleaded not guilty and
filed a plea explanation in terms of section 115 (3) of the Criminal
Procedure Act as amended [“CPA’] as amended. He signed the
original during this stage of the trial in open court and it is filed as (
Exhibit B. It was counter-signed by his legal representative Mr. J.
C. Kruger.
1.2. Count 2: facilitating and or assisting the creation and or
production of child-pornography, to which he pleaded guilty, and he
filed a GUILTY PLEA IN TERMS OF SECTION 112 (2) of the CPA.
This document, is filed as Exhibit A, and in para 6 under the heading
RELEVANT FACTS OF THE CASE, he referred to the relevant
facts of the case and at paragraph 7, under the heading:
ADMISSIONS, he disclosed various Admissions. It was signed in
the original by the accused and counter signed by his legal
representative Mr J.C. Kruger in open court during the stage of
pleading. The State’s representative, Adv Ryan, accepted the plea.
He was found guilty in accordance with his plea. (
1.3. Count 3: possession of child pornography to which he pleaded
guilty, and he filed a GUILTY PLEA IN TERMS OF SECTION 112
(2) of the CPA. This document filed as Exhibit A had reference in
para 6 to Relevant facts of the case and at paragraph 7, he
disclosed various Admissions. It was signed in the original by the
accused and his legal representative Mr J.C. Kruger. The State’s
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representative Adv Ryan accepted the plea. He was found guilty in
accordance with his plea.
1.4. Count 4: encourage, enable, instruct, or persuade a child to
perform a sexual act [grooming] to which he pleaded not guilty and
he filed a plea explanation in terms of section 115 (3) of the CPA.
He signed the original during this stage of the trial in open court and
it is filed as Exhibit B and it was counter-signed by his legal
representative Mr. J. C. Kruger.
1.5. Count 5: compelled self-sexua! assault to which he pleaded
not guilty and filed a plea explanation in terms of section 115 (3) of
the CPA. He signed the original during this stage of the trial in open
court and it is filed as Exhibit B counter-signed by his legal
representative Mr. J. C. Kruger. (
1.6. Count 6: compelling or causing children to witness sexual
offences, sexual acts or self-masturbation to which he pleaded
guilty, he filed a GUILTY PLEA IN TERMS OF SECTION 112 (2) of
the CPA. This document filed as Exhibit A had reference in para 6
to Relevant facts of the case and at paragraph 7, he disclosed
various Admissions. It was signed in the original by the accused
and his legal representative Mr J.C. Kruger. The State's
representative Adv Ryan accepted the plea. He was found guilty in
accordance with his plea.
1.7. Count 7 exposure or display of or causing exposure or display
of genital organs, anus or female breasts to children [flashing], he
filed a written and signed GUILTY PLEA IN TERMS OF SECTION (
112 (2) of the CPA. He was found guilty in accordance with his plea.
This document is filed as Exhibit A had reference in para 6 to
Relevant facts of the case and at paragraph 7, he disclosed various
Admissions. It was signed in the original by the accused and his
legal representative Mr J.C. Kruger. The State’s representative Adv
Ryan accepted the plea. He was found guilty in accordance with his
plea.
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