Update

MOSSEL BAY NEWS - Mark Labuschagne (37), arrested in September 2020 at Adler's Nest Retirement Village after he exposed himself to a 79-year-old woman and sexually assaulted a 96-year-old woman, was sentenced in the Mossel Bay Regional Court on Monday 17 January.

Labuschagne worked as a handyman at the facility, located outside Mossel Bay.

His employer immediately phoned the police when he became aware of the offences. They came to light when one of the patients told the employer what had happened.

Police found child pornography on Labuschagne's cellphone when he was arrested.

Labuschagne pleaded guilty to one charge of sexual assault, one charge of possessing child pornography, and one charge of "self-masturbation".

During the reading of sentencing, Magistrate Francis Makamandela said Labuschange had a previous conviction of rape, for which he was given a suspended sentence in 2007. His other previous convictions included being in possession of drugs. Makamandela said with regards to the current case, Labuschagne targeted not only women who should have been protected by society, but also elderly, helpless women who were in the last years of their lives.

'Country in state of sexual violence'

She said the country is in a state of sexual violence and that the families of the victims were heartsore as the victims were helpless.

Makamandela said the court found his actions disgusting.

With regards to the child pornography police attached to the Family Violence, Child Protection and Sexual Offences Unit found on his phone, Labuschagne told the court he downloaded the images from a friend in Great Brak River.

It is not known who the children in the pictures are, or where the pictures were taken.

The magistrate mentioned that in respect of the child pornography images that was handed in as evidence, it was clear that it was young girls who were sexually exposed.

State prosecutor, Helga Goosen with Warrant Officer Alistair Rezant after the accused was sentenced to direct imprisonment of 15 years.

Makamandela said society did not approve of offences of this nature and that children were vulnerable and should be protected. She said although Labuschagne was not the author of the images, he participated in the spreading of child pornography by downloading the images for his pleasure on to his cellphone, making the victim a subject for the rest of the world to see.

Labuschagne wore a blue shirt and had seemingly lost weight since he was first arrested in 2020. He wiped tears from his eyes during the sentencing.

Makamandela sentenced him to an effective 15 years' imprisonment. She handed down the following: sexual assault offence, five years imprisonment, self masturbation, three years imprisonment and for the child pornography seven years imprisonment and ordered that the sentences should not run concurrently.

The case was successfully investigated by Warrant Officer Alistair Rezant and Helga Goosen was the state prosecutor.

Warrant Officer Alistair Rezant is congratulated by police spokesperson, Captain Malcolm Pojie shortly after court proceedings end. 

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